Constitutional law - Fifth Amendment - Ninth Circuit rejects Public Use Clause challenge to Honolulu's lease-to-fee ordinance
Article Abstract:
The US 9th Circuit Court of Appeal's holding in Richardson v. City & County of Honolulu exemplifies the shortcomings of the US Supreme Court's takings jurisprudence. Courts have contorted the Public Use Clause so that the state's interests outweigh private interests. A fair takings policy which respects private property rights would provide a true market value for the targeted property based upon economic factors and the intent to promote economic efficiency.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Punishing dangerousness: cloaking preventive detention as criminal justice
Article Abstract:
The author discusses the criminal justice system's shift away from punishing crimes and toward preventing future violations through laws addressing dangerous habitual offenders. Topics include the need for increased prevention, the conflict between desert and dangerousness, and problems arising from the need to cloak preventive measures as doctrines of criminal punishment.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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Constitutional law - regulatory takings - Federal Circuit's holding introduces subjective factors into Takings Clause denominator analysis
Article Abstract:
A Federal Circuit decision allowing property owners to adjust their property holdings to meet the categorical regulatory takings rule established by the Supreme Court in Lucas v. South Carolina Coastal Council is discussed. The circuit court's decision is criticized for introducing subjective factors into Takings Clause denominator analysis.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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- Abstracts: Constitutional law - equal protection - D.C. Circuit upholds military discharge based on a statement of homosexual orientation
- Abstracts: Criminal law - sentencing guidelines - Second Circuit rejects Fifth Amendment challenge to disclosure criteria under the federal Sentencing Guidelines
- Abstracts: Constitutional migration and the bounds of comparative analysis. Charitable choice and the critics
- Abstracts: Principles, institutions, and the First Amendment. Fourth Amendment - exclusionary rule - Seventh Circuit holds that the suppression of evidence is a disproportionately severe sanction for a timing violation of the knock and announce requirement