Abstract

http://ssrn.com/abstract=739264
 
 

Citations (3)



 
 

Footnotes (85)



 


 



The Inevitable Failure of Nuisance-based Theories of the Takings Clause: A Reply to Professor Claeys


Stewart E. Sterk


Yeshiva University - Cardozo Law School


Cardozo Legal Studies Research Paper No. 122

Abstract:     
Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.

Number of Pages in PDF File: 19

Keywords: land use planning, nuisance, takings clause

Accepted Paper Series


Download This Paper

Date posted: June 8, 2005  

Suggested Citation

Sterk, Stewart E., The Inevitable Failure of Nuisance-based Theories of the Takings Clause: A Reply to Professor Claeys. Northwestern University Law Review, Vol. 99, p. 231, 2004. Available at SSRN: http://ssrn.com/abstract=739264

Contact Information

Stewart E. Sterk (Contact Author)
Yeshiva University - Cardozo Law School ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0230 (Phone)
212-790-0205 (Fax)

Feedback to SSRN


Paper statistics
Abstract Views: 1,615
Downloads: 103
Download Rank: 154,430
Citations:  3
Footnotes:  85

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.234 seconds