Southern California Law Review, 80:6 (September 2007)


Southern California Law Review, 80:6 (September 2007)


Paul Berman, Global Legal Pluralism, 80 S. Cal. L. Rev. 1155 (2007)

Stavros Gadinis & Howell E. Jackson, Markets as Regulators: A Survey, 80 S. Cal. L. Rev. 1239 (2007)


Kyle Alexander Casazza, Inkblots: How the Ninth Amendment and the Privileges or Immunities Clause Protect Unenumerated Constitutional Rights, 80 S. Cal. L. Rev. 1383 (2007)

Richard C. Herrera, Policing State Testing Under No Child Left Behind: Encouraging Students with Disabilities to Blow the Whistle on Unscrupulous Educators, 80 S. Cal. L. Rev. 1433 (2007)

You may also like...

1 Response

  1. Matthew Hartogh says:

    Posted by Matthew Hartogh

    Maastricht NL

    Professor Berman raises several important questions on this issue and provides a useful framework for analyzing these constitutional issues.

    The police power and eminent domain are two general spheres of public purpose. If these powers are delimited within their proper scope, the proper balance between individual sovereignty and state authority is accomplished. If these powers are overly constricted, disorder is the result. Conversely, if they expand beyond their bounds, the result is tyranny.

    Takings jurisprudence is an examination of these two powers in light of the due process clause of the 5th and 14th amendments.

    Matthew Hartogh