Archive | Constitutional Law

Inverse condemnation—what’s that?

Governments (federal, state and local) pass laws and regulations that impact the use of private property. Sometimes those government regulations are so restrictive that a private property owner has a right to compensation for the “taking” of his or her property. Recently, a landowner with property adjacent to the state penitentiary in Walla Walla, claimed […]

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Justice Souter on plain language and complex meanings

Simple words do not have simple meanings. Justice Souter’s address to the Harvard graduating class last week was an eloquent explanation of the debate between the strict constructionists (Scalia et. al.) and those that take a more nuanced view the Constitution (the “fair reading model” of constitutional interpretation). Justice Souter discounted the originalists’ “simplistic view […]

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