Vol. 134 No. 2 The Takings Clause protects against governmental takings of property without just compensation. Traditionally, takings claims have not expanded beyond actions performed by the political...
Vol. 133 No. 1 The state-litigation requirement for takings claims has been subject to vitriol ever since its establishment in Williamson County Regional Planning Commission v. Hamilton Bank...
Vol. 133 No. 1 The Double Jeopardy Clause requires that no defendant “be subject” to prosecution twice “for the same offence.” But under the “separate sovereigns” doctrine, the...
Vol. 131 No. 1 To evaluate a regulatory takings claim, a court must measure the economic loss caused by a challenged regulation (the numerator) with respect to a...