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The Takings Jurisprudence of the Warren Court: a Constitutional Siesta
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1996 The Takings Jurisprudence of the Warren Court: A Constitutional Siesta Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Epstein, "The Takings Jurisprudence of the Warren Court: A Constitutional Siesta," 31 Tulsa Law Journal 643 (1996). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. TULSA LAW JOURNAL Volume 31 Summer 1996 Number 4 THE TAKINGS JURISPRUDENCE OF THE WARREN COURT: A CONSTITUTIONAL SIESTA* Richard A. Epsteint I. EBB TIDE FOR PROPERTY RIGHTS ...................... 644 II. A CRITIQUE OF THE WARREN COURT DECISIONS ...... 650 A. The Prima Facie Case: A Taking of Private Property ............................................ 651 1. Water ........................................... 651 2. Overflight Easements ........................... 656 3. Lien Rights ..................................... 658 B. General Regulations................................. 660 1. Prohibition on Use ............................. 660 2. Contract Regulation ............................ 662 3. Rate of Return Regulation ..................... 664 4. Civil Rights Cases .............................. 666 III. POLICE POWER JUSTIFICATIONS -
H.Doc. 108-224 Black Americans in Congress 1870-2007
“The Negroes’ Temporary Farewell” JIM CROW AND THE EXCLUSION OF AFRICAN AMERICANS FROM CONGRESS, 1887–1929 On December 5, 1887, for the first time in almost two decades, Congress convened without an African-American Member. “All the men who stood up in awkward squads to be sworn in on Monday had white faces,” noted a correspondent for the Philadelphia Record of the Members who took the oath of office on the House Floor. “The negro is not only out of Congress, he is practically out of politics.”1 Though three black men served in the next Congress (51st, 1889–1891), the number of African Americans serving on Capitol Hill diminished significantly as the congressional focus on racial equality faded. Only five African Americans were elected to the House in the next decade: Henry Cheatham and George White of North Carolina, Thomas Miller and George Murray of South Carolina, and John M. Langston of Virginia. But despite their isolation, these men sought to represent the interests of all African Americans. Like their predecessors, they confronted violent and contested elections, difficulty procuring desirable committee assignments, and an inability to pass their legislative initiatives. Moreover, these black Members faced further impediments in the form of legalized segregation and disfranchisement, general disinterest in progressive racial legislation, and the increasing power of southern conservatives in Congress. John M. Langston took his seat in Congress after contesting the election results in his district. One of the first African Americans in the nation elected to public office, he was clerk of the Brownhelm (Ohio) Townshipn i 1855. -
©2013 Luis-Alejandro Dinnella-Borrego ALL RIGHTS
©2013 Luis-Alejandro Dinnella-Borrego ALL RIGHTS RESERVED “THAT OUR GOVERNMENT MAY STAND”: AFRICAN AMERICAN POLITICS IN THE POSTBELLUM SOUTH, 1865-1901 By LUIS-ALEJANDRO DINNELLA-BORREGO A Dissertation submitted to the Graduate School-New Brunswick Rutgers, The State University of New Jersey in partial fulfillment of the requirements for the degree of Doctor of Philosophy Graduate Program in History written under the direction of Mia Bay and Ann Fabian and approved by ________________________ ________________________ ________________________ ________________________ ________________________ New Brunswick, New Jersey May 2013 ABSTRACT OF THE DISSERTATION “That Our Government May Stand”: African American Politics in the Postbellum South, 1865-1913 by LUIS-ALEJANDRO DINNELLA-BORREGO Dissertation Director: Mia Bay and Ann Fabian This dissertation provides a fresh examination of black politics in the post-Civil War South by focusing on the careers of six black congressmen after the Civil War: John Mercer Langston of Virginia, James Thomas Rapier of Alabama, Robert Smalls of South Carolina, John Roy Lynch of Mississippi, Josiah Thomas Walls of Florida, and George Henry White of North Carolina. It examines the career trajectories, rhetoric, and policy agendas of these congressmen in order to determine how effectively they represented the wants and needs of the black electorate. The dissertation argues that black congressmen effectively represented and articulated the interests of their constituents. They did so by embracing a policy agenda favoring strong civil rights protections and encompassing a broad vision of economic modernization and expanded access for education. Furthermore, black congressmen embraced their role as national leaders and as spokesmen not only for their congressional districts and states, but for all African Americans throughout the South. -
Downloadable Complete Magazine
Virginia LawyerVOL. 68/NO. 3 • October 2019 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar The Real Property Issue: Your Practice and Real Estate Transactions Liens That Survive Bankruptcy Common Interest Communities Transfer on Death Deeds Plus, Gifts for Lawyers Virginia Lawyer The Official Publication of the Virginia State Bar October 2019 Volume 68/Number 3 Features Noteworthy REAL PROPERTY VSB NEWS 17 Get Real: The Real Property Issue 36 2019 Diversity Forum Attracts by Ronald D. Wiley Jr. Capacity Crowd 18 No Good Deed Goes Unpunished: Your Practice and Real Estate Transactions by Kay M. Creasman and Paul H. Melnick 22 Liens That Survive Bankruptcy: Is There a Better Way to Get That Message to Debtor Clients? by F. Lewis Biggs 37 The Honorable Teresa M. Chafin Invested to the Supreme Court of 24 A Review of Selected Virginia Laws and Virginia Regulations Pertaining to Common Interest 37 Virginia Law Foundation Communities and Community Managers Announces 2019 Grant Recipients by Susan Bradford Tarley 38 University of Richmond Law 26 Transfer on Death Deeds Student Wins IP Writing by Kay M. Creasman Competition 40 In Memoriam 30 Six Important Developments for Conservation Easements by Timothy Lindstrom 44 Conference of Local and Specialty Bar Associations ET AL. 42 Gifts for Lawyers Access to Legal Services 55 Listening to the Law 34 Herb Sebren of Tappahannock to Receive 2019 Powell Pro Bono Award 35 Kelly Guzzo and Consumer Litigation Associates Honored for Departments Pro Bono Work 6 Forum 51 CLE Calendar VIRGINIA LAWYER REGISTER 59 Professional Notices 56 Disciplinary Summaries 58 Virginia Lawyers: If You Need 61 Classified Ads 61 Advertiser’s Index 57 Disciplinary Proceedings Business, We Need You! 58 The Honorable Teresa M. -
<I>United States V. Morrison</I>
University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 2015 Bait and Switch: Why United States v. Morrison is Wrong about Section Five Kermit Roosevelt III University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Courts Commons, Fourteenth Amendment Commons, Jurisprudence Commons, and the Public Law and Legal Theory Commons Repository Citation Roosevelt, Kermit III, "Bait and Switch: Why United States v. Morrison is Wrong about Section Five" (2015). Faculty Scholarship at Penn Law. 748. https://scholarship.law.upenn.edu/faculty_scholarship/748 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. \\jciprod01\productn\C\CRN\100-3\CRN302.txt unknown Seq: 1 18-MAR-15 8:28 BAIT AND SWITCH: WHY UNITED STATES V. MORRISON IS WRONG ABOUT SECTION 5 Kermit Roosevelt III† In United States v. Morrison, the Supreme Court announced the rule that the Section 5 power cannot be used to regulate private individuals. This is one of the most meaningful and, thus far, durable constraints that the Court has placed on federal power. It is the more surprising, then, that it turns out to be based on essentially nothing at all. The Morrison Court asserted that its rule was derived by—indeed, “controlled by”—precedent, but a closer reading of the Reconstruction-era decisions it cites shows that this is simply not the case. -
Spartan Challenge
February 10th, 2021 Spartan Challenge Spaghetti Spartan Way OPO’s Bread Sticks We move outside our Comfort Zone so we WE ARE SPARTANS! Green Beans WE ARE can expand it; so we can become comforta- LEARNERS Applesauce LEADERS ble with things that are uncomfortable. ACHIEVERS Bottom 80’s find it easier to stay in their AND BELIEVERS Comfort Zone. WE ARE SPARTANS! Top 20’s step out of their Comfort Zone WE WILL CHANGE THE WORLD! and get to experience new things, grow Pledge and become more interesting. Announcements Mask and sanitize!! There will be a board meeting tonight @ 7PM in Page February According to History..com: First Lawyer: John Mercer Langston was the July 2nd first black man to become a lawyer when he passed the bar in Ohio in 1854. Then he was elected to the Town Clerk for Brownhelm, Ohio in 1855. Barrett Langston became on e of the first African American ever elected to public July 3rd office in America. John Mercer Langston was also the great-uncle of Jakob and Natalie Langston Hughes, famed poet of the Harlem Renaissance. July 4th Recess-students continue to work on kindness at recess and remember Talon to stay on the sidewalk when walking in and out of the building! July13th Hunter Safety will begin on March 10th at the Hope Fire Hall. Register at Colton ND Game and Fish Contact Todd Parkman if you have questions. February 13th Taylor There is Saturday Morning Basketball this Saturday There is Open Gym on Sunday from 5-6:15 Can’t Stop from Reading… I got to reading inside my books; It got electric, wavy when I stopped to look I got that story in my pocket, Got that Plot line in my feet, know those character I’m meeting when it drops. -
Building Networks: Cooperation and Communication Among African Americans in the Urban Midwest, 1860-1910
Building Networks: Cooperation and Communication Among African Americans in the Urban Midwest, 1860-1910 Jack S. Blocker Jr.* In the dramatic narrative of African-American history, the story of the post-Emancipation years begins in the rural South, where the rights won through postwar constitutional amendments gradually yield to the overwhelming forces of segregation and disfranchisement. During the First World War, the scene shifts to the metropolitan North, where many members of the rapidly growing southern-born migrant population develop a new, militant consciousness. Behind this primary narrative, however, lies another story. An earlier, smaller migration flow from South to North had already established the institutional and cultural foundations for the emergence of a national racial consciousness in postbellum America. Much of this crucial work took place in small and mid-size towns and cities. Some interpreters have seen the creation of a national racial consciousness as a natural and normal product of African heritage. This view, however, neglects the diverse origins and experiences of African Americans during the slavery years. “Alternatively,”writes historian Harold Forsythe, “we should consider that a distinctive national community developed from local roots during emancipation. Local associations of freedpeople, organized in families, neighborhood groupings, churches, [and] benevolent and fraternal orders, slowly developed into regional, statewide, and ultimately national consociations. This process of unification involved not only consciousness, but [also] institutional and power connections. It matured between 1909 and about 1925.”’The process of community-building can be seen clearly in the three states of Ohio, Indiana, and Illinois, which I call the Lower Midwest. On the eve of the Civil War, about 56,000 African Americans lived in the Lower Midwest. -
Abraham Lincoln, Kentucky African Americans and the Constitution
Abraham Lincoln, Kentucky African Americans and the Constitution Kentucky African American Heritage Commission Abraham Lincoln Bicentennial Collection of Essays Abraham Lincoln, Kentucky African Americans and the Constitution Kentucky African American Heritage Commission Abraham Lincoln Bicentennial Collection of Essays Kentucky Abraham Lincoln Bicentennial Commission Kentucky Heritage Council © Essays compiled by Alicestyne Turley, Director Underground Railroad Research Institute University of Louisville, Department of Pan African Studies for the Kentucky African American Heritage Commission, Frankfort, KY February 2010 Series Sponsors: Kentucky African American Heritage Commission Kentucky Historical Society Kentucky Abraham Lincoln Bicentennial Commission Kentucky Heritage Council Underground Railroad Research Institute Kentucky State Parks Centre College Georgetown College Lincoln Memorial University University of Louisville Department of Pan African Studies Kentucky Abraham Lincoln Bicentennial Commission The Kentucky Abraham Lincoln Bicentennial Commission (KALBC) was established by executive order in 2004 to organize and coordinate the state's commemorative activities in celebration of the 200th anniversary of the birth of President Abraham Lincoln. Its mission is to ensure that Lincoln's Kentucky story is an essential part of the national celebration, emphasizing Kentucky's contribution to his thoughts and ideals. The Commission also serves as coordinator of statewide efforts to convey Lincoln's Kentucky story and his legacy of freedom, democracy, and equal opportunity for all. Kentucky African American Heritage Commission [Enabling legislation KRS. 171.800] It is the mission of the Kentucky African American Heritage Commission to identify and promote awareness of significant African American history and influence upon the history and culture of Kentucky and to support and encourage the preservation of Kentucky African American heritage and historic sites. -
David E. Bernstein, George Mason University School of Law
REVISITING YICK WO V. HOPKINS David E. Bernstein, George Mason University School of Law Illinois Law Review, Forthcoming George Mason University Law and Economics Research Paper Series 08-55 This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=12629230 BERNSTEIN.DOC 8/25/2008 10:06:52 AM REVISITING YICK WO V. HOPKINS David E. Bernstein* Professor Jack Chin explains in his provocative article1 that Yick Wo v. Hopkins2—an ancient case with a narrow holding—has been cited as supporting modern constitutional doctrines that the Yick Wo Court did not even consider, much less adopt. Yick Wo was not a radical civil rights case decades ahead of its time. Rather, as Professor Chin con- cludes, “Yick Wo is entirely consistent with the other jurisprudence of the era: tolerant of racial classifications, sometimes protective of particu- lar fundamental rights, willing to police state interference with matters it regards as exclusively federal.”3 I disagree with Professor Chin, however, about some important in- terpretive details. In particular: • Professor Chin claims that Yick Wo was fundamentally a “treaty case,” and did not extend constitutional rights to Chinese alien residents of the United States. In fact, Yick Wo explicitly stated that the Chinese, as lawful residents of the United States, were entitled to the protections of the Fourteenth Amendment (and the 1866 Civil Rights Act),4 independent of the United States’s treaty with China. Moreover, the Court ultimately held that the laundry ordinances as enforced were unconstitutional, not that they violated treaty provisions; • Yick Wo was not, as Professor Chin alleges, an early example of Lochnerian “substantive due process” jurisprudence, but was, at best, a distant cousin to the Lochner line of cases; • Professor Chin is correct that Yick Wo was not fundamentally a “race case,” but he neglects the fact that the decision did have a * Professor, George Mason University School of Law. -
Looking Forward: Prediction and Uncertainty in Modern America
Looking Forward Looking Forward Prediction and Uncertainty in Modern America Jamie L. Pietruska The University of Chicago Press Chicago & London The University of Chicago Press, Chicago 60637 The University of Chicago Press, Ltd., London © 2017 by The University of Chicago All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission, except in the case of brief quotations in critical articles and reviews. For more information, contact the University of Chicago Press, 1427 E. 60th St., Chicago, IL 60637. Published 2017 Printed in the United States of America 26 25 24 23 22 21 20 19 18 17 1 2 3 4 5 isbn- 13: 978- 0- 226- 47500- 4 (cloth) isbn- 13: 978- 0- 226- 50915- 0 (e- book) doi: 10.7208/chicago/9780226509150.001.0001 Publication of this book was generously supported with a grant from the Rutgers University Research Council. Library of Congress Cataloging-in-Publication Data Names: Pietruska, Jamie L., author. Title: Looking forward : prediction and uncertainty in modern America / Jamie L. Pietruska. Description: Chicago ; London : The University of Chicago Press, 2017. | Includes bibliographical references and index. Identifiers: LCCN 2017018833 | isbn 9780226475004 (cloth : alk. paper) | isbn 9780226509150 (e-book) Subjects: LCSH: Forecasting—Social aspects—United States. | Economic forecasting— United States. | Risk—United States. | Prophecy. Classification:lcc cb158 .p54 2017 | ddc 330.973/00112—dc23 LC record available at https://lccn.loc.gov/2017018833 ♾ This paper meets the requirements of ansi/niso z39.48- 1992 (Permanence of Paper). To Jason The present age is in the attitude of looking forward. -
Archival Expert Assignment Sheet
Melissa Range Lawrence University [email protected] Archival expert assignment sheet This term, you will be in charge of leading one class as the “archival expert.” Your assignment is simple: I want you to read nineteenth century newspapers published by African American editors. Using two of the library’s electronic databases—African American Newspapers and/or Accessible Archives—you will make use of digital archives to provide historical context for the day’s reading. Here’s what to do for prep work, step by step: • On the date you’re signed up to be the archival expert, look at when the writer published their works. (So, for example: Frances Ellen Watkins Harper published Poems on Miscellaneous Subjects in 1855.) • Determine a location that is relevant to the writer, if possible. For Harper, this could be Baltimore (where she grew up), Philadelphia (where she lived and worked as an adult), or Boston (where she frequently lectured). • Now choose a newspaper that is relevant to the date and the location of the poet. If you want to get even more specific, you can (for example, you could look at an abolitionist newspaper for Harper). If you can find one, you can also choose a newspaper where the writer published. • Select an issue of the newspaper and read the whole thing: news, editorials, poetry, even the advertisements. (Be forewarned, the print is tiny and there’s a lot of text.) As you read, make note of anything at all—newspaper poems, news items, even weather—that you feel gives interesting context to the work the class will be discussing. -
Supreme Court Decisions
The Worst Supreme 10Court Decisions By M. Kelly Tillery n April 9, 2010, just 11 days before his 90th birthday, U.S. Supreme Court Justice John Paul Stevens gave notice of his O retirement which will allow President Obama to appoint a second Supreme Court Justice less than two years into his first term. The nominee, Solicitor General Elena Kagan, will certainly endure lengthy, probing and sometimes inane examination in Senate confirmation hearings. Since nominees are often asked about past Supreme Court decisions and, if confirmed, will be asked to wrestle with monumental legal issues, perhaps an examination of how previous Supreme Court justices sometimes got it so wrong and did so much damage might be valuable for all. Only111humanbeingshaveservedonthenation’shighest U.S.113(1973)[legalizationofabortion]orKelo v. City of courtsinceitscreationonSept.24,1789bythefirstJudiciary New London545U.S.469(2005)[eminentdomaintakingfor Act.One-hundrednine(98percent)ofthoseunelectedjurists privatedeveloper].Afterselectionbaseduponthesecriteria have been white, only twoAfrican-American.All men (97 of my own design, I discovered, somewhat to my surprise, percent),exceptthreewomen. AllChristian(93.6percent), an interesting and disturbing common theme. Each one, as exceptsevenJews. shallbeseen,involvedtheshameful,disdainfultreatmentby From its first case, the uneventful and purely procedural thepowerfulofminoritiesandtheirrights.Andineach,the West v. Barnes,2U.S.401(1791),toitsmostrecentproviding courtsidedwiththepowerful,consigningtheminorityoften FirstAmendmentprotectionfor“crushvideos”(ifyouhave