Publication Date
2012
Publication Title
Notre Dame Law Review
Abstract
Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task offinding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.
Recommended Citation
Lee Anne Fennell, "Picturing Takings," 88 Notre Dame Law Review 57 (2012).
Additional Information
Figures in PowerPoint format