Sunday, October 16, 2016

Somin on Overruling Kelo

SominIlya Somin (George Mason) has posted Putting Kelo in Perspective (Connecticut Law Review) on SSRN. Here's the abstract:

Kelo v. City of New London was in line with precedent, and within the “mainstream” of legal thought. But that is not enough to justify it. Like many of the Supreme Court’s worst decisions, it highlights the ways in which the mainstream can go disastrously wrong. Going forward, the best way to rectify Kelo’s errors is to overrule it completely, rather than rely on half-measures, such as building on Justice Anthony Kennedy’s hard to interpret concurring opinion.

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