Constitutional law - Fifth Amendment - Ninth Circuit rejects Public Use Clause challenge to Honolulu's lease-to-fee ordinance

Article Abstract:

The US 9th Circuit Court of Appeal's holding in Richardson v. City & County of Honolulu exemplifies the shortcomings of the US Supreme Court's takings jurisprudence. Courts have contorted the Public Use Clause so that the state's interests outweigh private interests. A fair takings policy which respects private property rights would provide a true market value for the targeted property based upon economic factors and the intent to promote economic efficiency.

Judicial review of administrative acts, Ordinances, Municipal, Municipal ordinances

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Punishing dangerousness: cloaking preventive detention as criminal justice

Article Abstract:

The author discusses the criminal justice system's shift away from punishing crimes and toward preventing future violations through laws addressing dangerous habitual offenders. Topics include the need for increased prevention, the conflict between desert and dangerousness, and problems arising from the need to cloak preventive measures as doctrines of criminal punishment.

Analysis, Laws, regulations and rules, Criminal justice, Administration of, Administration of criminal justice, Law reform, Legal reform, Preventive detention

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Constitutional law - regulatory takings - Federal Circuit's holding introduces subjective factors into Takings Clause denominator analysis

Article Abstract:

A Federal Circuit decision allowing property owners to adjust their property holdings to meet the categorical regulatory takings rule established by the Supreme Court in Lucas v. South Carolina Coastal Council is discussed. The circuit court's decision is criticized for introducing subjective factors into Takings Clause denominator analysis.

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