April 2009 Vol. 107 No. 6 THE REVIEW

Epstein: Supreme Neglect: How to Revive Constitutional Protection for Private Property

William Michael Treanor

Supreme Neglect of Text and History

Supreme Neglect: How to Revive Constitutional Protection for Private Property. By Richard A. Epstein. Oxford and New York: Oxford University Press. 2008. Pp. xiv, 169. $19.95.

Since his classic book Takings  appeared in 1985, Richard Epstein’s ideas have profoundly shaped debate about the Fifth Amendment’s Takings Clause  to a degree that no other scholar can even begin to approach. His broad, original, and stunningly ambitious reading of the clause has powerfully influenced thinking in academia, in the judiciary, and in the political arena. The firestorm of controversy that followed the Supreme Court’s recent decision in Kelo—in which the Supreme Court upheld the constitutionality of a municipal urban renewal plan that displaced long-time homeowners and conveyed their land to developers—is in critical part a testament to the way in which the intellectual framework and normative arguments pioneered and championed by Professor Epstein have entered, not just the mainstream of legal thought, but the mainstream of politics.

   //  VIEW PDF
& Other Current Events

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...
MAILING LIST
Sign Up to Join Our Mailing List