marty.lederman at comcast.net
Sun Jun 27 11:38:37 PDT 2004
Sorry that I can't help you with most of that, Mary. AFAIK, there wasn't much going on in regulatory takings law between 1940 and 1970. On the intersection between civil rights laws and takings law, you should definitely take a look (if you haven't already done so) at PruneYard, and at the Court's somewhat unconvincing attempt to distinguish PruneYard in Loretto. See also Yee, 503 U.S. at 530-31. I also seem to recall some valuable discussion of the question in the briefs in Heart of Atlanta Motel, although I might be misremembering. The Court's entire discussion of the question in its opinion, however, is less-than-illuminating: "A regulation such as that found in Title II does not even come close to being a 'taking' in the constitutional sense. Cf. United States v. Central Eureka Mining Co., 357 U.S. 155."
Your question about the intersection of takings and civil rights laws gives me an opportunity to mention a not-very-well-known source of insight on takings that I neglected to cite in my prior post: Mark Kelman's criminally overlooked 1999 book Strategy or Principle?, which prominently uses the ADA as a test-case in a very insightful and sophisticated examination of takings doctrine.
----- Original Message -----
From: <mdudziak at law.usc.edu>
To: "Marty Lederman" <marty.lederman at comcast.net>
Cc: "Grant Huscroft" <ghuscrof at uwo.ca>; <conlawprof at lists.ucla.edu>
Sent: Sunday, June 27, 2004 2:22 PM
Subject: Re: Takings
> On the topic of takings, I'd appreciate suggestions of sources on 20th
> century U.S. takings developments, especially 1940-1970; comparative
> takings law in the 20th century, and especially takings in the context of
> new constitutions, for example in Africa, where land reform has been an
> important issue. And if you know of good sources re: property rights
> arguments in the context of 1960s U.S. civil rights reform (e.g. during
> debates over the 1964 civil rights act or in the context of sit-in cases),
> I'd like to know about that as well. (There is actually a potential link
> between these issues, at least biographical....)
> Many thanks!
> Mary Dudziak
> Mary L. Dudziak
> Judge Edward J. and Ruey L. Guirado Professor of Law and History
> University of Southern California Law School
> Los Angeles, CA 90089
> phone: 213.740.4789
> fax: 213.740.5502
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