Real Estate & Property Law

Ely On "Stevens, Kagan and Property Rights"

By Robert Thomas (inversecondemnation.com)

Vanderbilt lawprof James Ely (if you haven't read his book The Guardian of Every Other Right: A Constitutional History of Property Rights (1998), you really should) writes on the topic du jour, the nomination of SG Elena Kagan to the Supreme Court in Stevens, Kagan and property rights.

Most of the article focuses on Justice Stevens' record in property cases:

However, in at least one important area of constitutional law - the rights of property owners - Justice Stevens' record fell woefully short of protecting the interests of average citizens. In fact, Justice Stevens consistently dismissed property rights claims and voted to strengthen government control over the lives of individuals.

He concludes with this:

Hopefully Elena Kagan, Mr. Obama's nominee to replace Justice Stevens, holds a more balanced view of the importance of property rights in the American constitutional order. As in many other fields of law, however, Ms. Kagan's record with respect to property rights is a blank slate. It certainly would be appropriate for senators at Ms. Kagan's confirmation hearing to ask about her thoughts on this subject.

Will they, and more importantly, will she respond with anything more than a the claim that judges are "umpires?"

Full post as published by inversecondemnation on May 12, 2010 (boomark / email).