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Stop the \u3ci\u3eStop the Beach\u3c/i\u3e Plurality!

By J. Peter Byrne

Abstract

The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of \u22judicial takings,\u22 and justified it with arguments drawing on text, history, precedent, and \u22common sense.\u22 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

Topics: Regulatory Takings Doctrine, Judicial takings, Environmental Law, Jurisprudence, Land Use Law, Property Law and Real Estate
Publisher: Scholarship @ GEORGETOWN LAW
Year: 2011
OAI identifier: oai:scholarship.law.georgetown.edu:facpub-1630
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