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Constitutional Law

: Ninomania

By David M. Wagner

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Justice Kennedy, concurring, says:The Court?s Takings Clause jurisprudence has expanded beyond the Framers? understanding, as it now applies to certain regulations that are not physical appropriations. See Lucas, supra, at 1014 (citing Mahon, 260 U. S. 393 ). But the Court should consider with care the decision to extend the Takings Clause in a manner that might be inconsistent with

Full post as published by Ninomania on June 17, 2010 (boomark / email).

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