Property: Rabin, Kwall & Kwall 6E by Rabin & Kwall & Kwall & Arnold's

Author:Rabin & Kwall & Kwall & Arnold's
Language: eng
Format: epub
Publisher: Aspen Publisher
Published: 2012-03-06T16:00:00+00:00

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ANALYSIS

Despite the public outcry that greeted the Kelo decision, the majority opinion has too much support in precedent, specifically in Berman and Midkiff, to fit naïve definitions of judicial activism. At the same time, Justice O'Connor's distinction between the inherently harmful uses in Berman and Midkiff and what she sees as the inherently harmless uses in Kelo seems to impose something like the higher standard hinted at in Justice Kennedy's concurrence. For Justice O'Connor, New London's (D) chronic and deepening economic demise does not qualify as a harm caused by the affected private ownership itself that would, for her, justify a taking.

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