I conclude that a plaintiff bringing a judicial takings claim (or a due process claim rooted in judicial takings) should be able to bring her case in federal court, notwithstanding the barriers the Supreme Court has erected that keep the vast majority of federal takings litigation in state ...
International law is more likely to serve as a focal point when the legal principles relevant to the dispute are clear and well established and when one of the states in the dispute has a stronger legal claim to disputed territory. When these two conditions are present, we expect the state ...
Bringing a Judicial Takings ClaimINTRODUCTION A. The Supreme Court's Decision in Stop the Beach Renourishment B...Patashnik, JoshStanford University, Stanford Law SchoolStanford Law Review
Moreover, the decisions, once made, are virtually insulated from judicial review. The National Association of Securities Dealers (NASD) handles the vast majority of securities arbitrations in the United States today and insists that its arbitration forum is fair and functions smoothly. This claim ...