University of Baltimore Journal of Land and Development Volume 2 Article 2 Issue 2 Spring 2013 2013 Constitutional Corporatism: The Public seU Clause as a Means of Corporate Welfare John Kieran Murphy University of Baltimore School of Law Follow this and additional works at: http://scholarworks.law.ubalt.edu/ubjld Part of the Land Use Law Commons Recommended Citation Murphy, John Kieran (2013) "Constitutional Corporatism: The ubP lic Use Clause as a Means of Corporate Welfare," University of Baltimore Journal of Land and Development: Vol. 2: Iss. 2, Article 2. Available at: http://scholarworks.law.ubalt.edu/ubjld/vol2/iss2/2 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Journal of Land and Development by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact
[email protected]. NOTES CONSTITUTIONAL CORPORATISM: THE PUBLIC USE CLAUSE AS A MEANS OF CORPORATE WELFARE John Kieran Murphy I. Introduction The use of the eminent domain power to provide quintessentially public goods, such as public roads, toll roads, ferries, canals, railroads, and public parks is a use of government power which has never been of much legal controversy.' However, increasingly, the Supreme Court has laid down precedent which challenges the conventional no- tions of "public use" and stretched the bounds of legitimate govern- ment commingling with private enterprise. Those with the most money and economic clout have the attention of state actors in rede- velopment projects rather than those whom the state actors are elected or appointed to represent.2 State and local governments, which are meant to serve and protect the rights and interests of their respective constituents, are instead serving and protecting the financial interests of the well-connected.