Fifth Amendment

Article Abstract:

The US Supreme Court decision in Lucas v South Carolina Coastal Council, although clarifying some aspects of regulatory takings doctrine, will probably have only a limited practical impact. The court ruled that regulations which eliminate all economic benefit from a property constitute takings, unless the regulation falls under the state's common law nuisance principles. However, regulatory takings law still contains considerable uncertainty concerning the test for economic diminution of value.

Regulatory taking (Law)

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Establishment of religion

Article Abstract:

The US Supreme Court held in Lee v Weisman that it is unconstitutional under the Establishment Clause to include prayers at a graduation ceremony. However, the court focused on the coercive effect of the practice, rather than the framework established in Lemon v Kurtzman in 1971. The coercion test blurs the distinction between the Establishment and Free Exercise Clauses and ignores the effect of exclusion created by the government establishment of religion.

Prayer in the public schools, School prayer, Church and state

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