Friday, April 21, 2006
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.
[Comments are held for approval, so there will be some delay in posting]