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Spreadsheet of Takings and Due Process Cases at the U.S. Supreme Court, 1871-2005
(2007)
  • Jamison E. Colburn
Abstract
In this spreadsheet, I collect the major takings and real property due process precedents at the Supreme Court (I've intentionally omitted cases that do not resolve a substantive claim of either takings or DP but rather only cite or apply those provisions tangentially). The cases are categorized by: (1) the Supreme Court's jurisdiction; (2) whether a DP claim was brought and whether it was won; (3) whether a takings claim was brought and whether it was won; (4) the character of the law challenged; (5) the character of the property interests in question; and (6) the result at the Court, including the head count and a (rough) squib of the reasons given. This case research started from a hypothesis that the Court's concept of "constitutional property" has drifted so unpredictably in good part because it has had no consistent plan for resolving that concept's content over time. The research is shaping a piece I'm currently writing that traces the cross-fertilization of takings and due process doctrines at the Court up to and including the October 2004 Term. My tentative title is keyed to Justice Kennedy's role in takings and DP cases (taken from his one liner that the framers "split the atom of sovereignty"): "Splitting the Atom of Property: Rights Experimentalism and the Federal Courts." I would be most grateful for any feedback, whether regarding omissions, mistakes, or anything else. (Please feel free to make any use of the spreadsheet you can, but please do not cite or duplicate it without first contacting me.)
Keywords
  • property,
  • taking,
  • due process
Publication Date
2007
Citation Information
Jamison E. Colburn. "Spreadsheet of Takings and Due Process Cases at the U.S. Supreme Court, 1871-2005" (2007)
Available at: http://works.bepress.com/jamisoncolburn/11/