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Friday, April 21, 2006

Roark on Kelo

Marc L. Roark (Duke University) has posted The Constitution as Idea: Defining Describing Deciding in Kelo in the bepress legal repository.  Here's the abstract:

In June 2005, the Supreme Court in a Five to Four Decision marked its most controversial decision in recent memory. The case of Kelo v. City of New London, set off a fire storm of response to the Court’s ruling that economic development takings satisfied the Fifth Amendment. This essay is about Kelo. It is about how the Court uses words, how the defining ability of words create institutional space in which the Court operates, and which defines things beyond the words.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

http://lawprofessors.typepad.com/property/2006/04/roark_on_kelo.html

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» Roark's Requium on the Nomos of the Louisiana Civil Law from PropertyProf Blog
Close readers of propertyprof will recall that Ben (and I in the comments) wrote a little bit about Marc Roark's The Constitution as Idea: Defining Describing Deciding in Kelo in April. Roark's latest, Opening the Barbarian's Gate or Watching Barbarians [Read More]

Tracked on Jun 19, 2006 8:49:46 AM

Comments

Very interesting article; thanks for the pointer, Ben. Always good to learn about how different people assess the Supreme Court's rhetoric. I think the methodology could be applied to a bunch of cases. I'm guessing that Flowers is next on Roark's agenda (and probably Marcilynn Burke's agenda--and a lot of other people, too).

Posted by: Alfred L. Brophy | Apr 28, 2006 9:13:08 PM

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