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

by Southern California Law Review · November 14, 2007

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

Articles

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)

Notes

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)

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Matthew Hartogh says:

November 14, 2007 at 7:36 am

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