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Stop the Stop the Beach Plurality!J. Peter ByrneGeorgetown University - Law Center April 25, 2011 Ecology Law Quarterly, Vol. 38, pp. 619-638, 2011 Georgetown Public Law Research Paper No. 11-40 Abstract: The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of "judicial takings," and justified it with arguments drawing on text, history, precedent, and "common sense." This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited.
Number of Pages in PDF File: 21 Keywords: Regulatory Takings Doctrine, Judicial Takings JEL Classification: K11, K20, K32, K40, Q20 Accepted Paper SeriesDate posted: April 26, 2011 ; Last revised: February 29, 2012Suggested CitationContact Information
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