Horne and the Normalization of Takings Litigation: A Response to Professor Echeverria

5 Pages Posted: 12 Sep 2013

Date Written: September 2013

Abstract

The last three Takings Clause decisions in the U.S. Supreme Court have shared a common theme. In each of them, the Court has cut through the morass of arbitrary, clause-specific rules, complications, and obstacles to relief that have accrued over the past few decades. I call this process “normalization” — treating Takings Clause claims as normal constitutional claims, subject to the same procedural, jurisdictional, and remedial principles that apply to other constitutional rights.

Keywords: Takings Clause, normalization, Echeverria, constitutional rights

JEL Classification: K10, K30, K40

Suggested Citation

McConnell, Michael W., Horne and the Normalization of Takings Litigation: A Response to Professor Echeverria (September 2013). Environmental Law Reporter, Vol. 43, Sept. 2013, Stanford Public Law Working Paper No. 2323818, Available at SSRN: https://ssrn.com/abstract=2323818

Michael W. McConnell (Contact Author)

Stanford Law School ( email )

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Stanford, CA 94305-8610
United States
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HOME PAGE: http://www.law.stanford.edu

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