Monday, December 30, 2013

"The Messy History of the Federal Eminent Domain Power": Burset responds to Baude

The California Law Review Circuit has posted "The Messy History of the Federal Eminent Domain Power," by Christian Burset (J.D./Ph.D candidate, Yale Law School). Here's the abstract:
In this response to William Baude's article, Rethinking the Federal Eminent Domain Power, Christian Burset challenges Baude's claim that antebellum legislators, commentators, and judges uniformly refused to acknowledge a federal eminent domain power. Examining historical sources and case law, Burset highlights how changing political attitudes influenced historic beliefs about the ability of the federal government to condemn land within state boundaries.
For more on Baude's piece, which appeared in Volume 122 of the Yale Law Journal, follow the link.

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