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

Details

Author(s):
  • Michael McConnell
Publish Date:
September 2, 2013
Publication Title:
Horne and the Normalization of Takings Litigation: A Response to Professor Echeverria 43 Environmental Law Reporter 10749 .
Format:
Journal Article
Citation(s):
  • Michael W. McConnell, Horne and the Normalization of Takings Litigation: A Response to Professor Echeverria, 43 Environmental Law Reporter 10749 (2013).

Related Organization(s):

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.