U.S. Supreme Court,
Constitutional Law
Sep. 26, 2018
Federalism and takings law do not blend
The problem that I have with the concept of federalism is the tendency of some of its fans to enlist it in analyzing regulatory taking cases.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
TAKINGS TALK
Don't get me wrong; some of my best friends are Federalists. The problem that I have with the concept of federalism is the tendency of some of its fans to enlist it in analyzing regulatory taking cases. The way that happens is that they insist that intonation of the doctrine is sufficient to banish regulatory taking cases to state courts, making property owners with Fifth Amendment takings claims the only victims of Bill of Rights...
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