The Supreme Court recently revisited the scope of the Fifth Amendment's Takings Clause--this time, in the land-use permitting context. In this Casenote, the author argues that the Court in Koontz v. St. Johns properly prioritized the right at issue over the means by which the government might infringe upon it and, in so doing, provided a broader jurisprudential view of property protections under the U.S. Constitution.
How Should Lower Courts Interpret Plurality Decisions?: Exploring Options Through United States v. Duvall
In this Casenote, the author examines the D.C. Circuit's decision in United States v. Duvall, a case that illustrates the difficulty the D.C. Circuit has had in interpreting the Supreme Court's plurality decision in Freeman v. United States. The author analyzes the Supreme Court's method for interpreting plurality decisions, the Marks rule, and potential alternatives to the rule. Ultimately, the author argues that Justice Sotomayor's concurring opinion should be the controlling opinion of Freeman.
NEWS & EVENTS
August 12, 2014Defining the Whistleblower Under Dodd-Frank: Who Decides?
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