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

September 2013
Citation:
43
ELR 10749
Issue
9
Author
Michael W. McConnell

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.

Michael W. McConnell is the Richard & Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School, Senior Fellow, Hoover Institution.

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