Thursday, November 6, 2008
Next week's assignments
The assignments for next week's classes remain those set out in the assignment schedule. We will start class Monday by discussing Saenz and revisiting Problem 10, and then move on to the Lochner era and its demise. Wednesday, we take up various "economic" rights protected by the Constitution, including the right to just compensation when property is taken by the government. Because it is recent decision that has generated a great deal of controversy, I have assigned Kelo v. City of New London, which concerns the use of the eminent domain power for purposes of "economic development." A PDF of the full opinion is posted on the ClarNet course page. We will discuss Kelo either towards the end of Wendesday's class or at the beginning of the following week. Please read the majority opinion (authored by Justice Stevens) and Justice O'Connor's dissent.