Appellate Practice
Sep. 9, 2004
High Court Should Support Hawaii's Use of Takings Clause
Forum Column - By Timothy J. Dowling - Accusations that courts are "Lochner-izing" are bandied about so casually these days that accusers risk sounding like the boy who cried wolf. But how else should one describe the recent ruling in Chevron USA Inc. v. Bronster, 363 F.3d 846 (9th Cir. 2004), in which the 9th U.S. Circuit Court of Appeals enforced its own judgment regarding a key economic policy issue, affording no deference to the state Legislature?
By Timothy J. Dowling
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