Real Estate & Property Law

Professor Tribe on Wilkie v. Robbins: Death by a Thousand Cuts

By Robert Thomas (inversecondemnation.com)

I've finally had a chance to read the article posted on SSRN by Professor Laurence Tribe about the Supreme Court's decision in Wilkie v. Robbins, 127 S. Ct. 2588 (2007), "Death by a Thousand Cuts: Constitutional Wrongs without Remedies after Wilkie v. Robbins." 

The essay explores the incentives created by Wilkie v. Robbins for intentional circumvention of the Takings and Just Compensation Clauses by federal agents and addresses the dangers thereby created for any meaningful protection of private property sought by the Federal Government, as well as the dangers created for the meaningful protection of other constitutional rights against deliberate erosion by federal agents.

I posted a summary of the case here, and published an op--ed in the Honolulu Advertiser about the decision.

Full post as published by inversecondemnation on June 30, 2008 (boomark / email).