Thursday, December 7, 2006
Amongst the blizzard of recent scholarship on Kelo, I was reminded today of a classic article on public use. I am home reading a seminar paper on Kelo, and the student-author cited a classic on the subject authored by my recently-retired colleague, Professor Larry Berger.
If you don't mind blowing some dust off an old bound volume in the library stacks, consider re-reading Lawrence Berger, The Public Use Requirement in Emminent Domain, 57 Or. L.Rev. 203 (1978). Larry is a great friend and mentor of mine, and as many of you know, his property scholarship has always been first rate.
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