The modern Supreme Court presumes that when it comes to the regulation of private economic conduct, Congress can do entirely as it pleases. To be sure, exceptions exist for economic transactions that overlap with real or imagined provisions of the …
Over at the Originalism Blog, Mike Ramsey recently had an interesting post on the Supreme Court case (Arkansas Game and Fish Commission v. United States) holding that a temporary flooding of land can be a taking. The case …
My work on takings law reflects my strong disposition for free markets, and my concern that expansive interpretations of eminent domain powers lead to crony capitalism and other abuse. I believe that the Supreme Court’s facile equation of “public use” …
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