Monday, February 5, 2007
Garrett Power (University of Maryland School of Law) has posted Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions - 2007 Edition on SSRN. Here's the abstract:
Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2007) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests that any corrections or suggestions be sent to him at this address: firstname.lastname@example.org
The readings provide an historical context, and an up-to-date focus on many of the constitutional questions that face today's Supreme Court: the “regulatory taking' issue; the “navigability” boundary on federal power; the “public use” limitation on eminent domain; the balance between property rights and First Amendment liberties; the “essential nexus” between government prohibition and purpose, and; the fine line between taxation and expropriation.
As the table of contents indicates, the 100 odd cases have been grouped into 28 sessions. Most sessions consist of four or five tightly-edited cases, and the related statutes, if any. Each session is intended to provide an assignment appropriate for a 50 minute class discussion. The compilation is approximately 700 pages in length. It will be up-dated annually.
[Comments are held for approval, so there will be some delay in posting]