We are pleased to announce that the Law Professor Blogs Network has announced its list of the best land-use/eminent domain law review articles in the past 10 years, and have included in that list one of ours: Gideon Kanner, The Public Use Clause: Constitutional Mandate or “Hortatory Fluff”? 33 Pepperdine Law Review 335 (2006). The title says it all, but if you haven’t seen this article before, here is a brief quote from the conclusion:
“The Constitution does not require courts to facilitate predatory behavior by a business-government alliances seeking to increase their cash flow by depriving people of modest means of their homes. The Public Use clause is not “hortatory fluff.” Its plain meaning deserves judicial respect, no less than other cherished constitutional provisions. Those who seek its protection deserve a better judicial reception than the “thinly disguised contempt”[*] for their vital interests, that is their frequent litigational lot. ” Id. at 383, footnotes omitted.
Go to http://lawprofessors.typepad.com/land_use/2015/12/2015-best-of-land-use-scholarship-part-iii-most-cited-land-use-articles-in-the-last-ten-years-the-mi.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%
*The first quote comes from Justice O’Connor’s dissenting opinion, and the second quote from an unrelated opinion by Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit.