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Academic
: Legal Theory BlogByrne on Common Law Baselines & Climate Change
By Lawrence Solum
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In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.
Full post as published by Legal Theory Blog on April 27, 2010 (boomark / email).
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