In most states you can’t bring a law suit to challenge the constitutionality of a law until the law has affected you personally (e.g. you have been arrested, fined. etc.). As a result, numerous laws that many believe are unconstitutional can remain on the books for decades until someone is unlucky enough to fall… Read more »
For years local redevelopment agencies were the bane of private property rights in California. Until recently these agencies were clothed with the power to seize private homes through eminent domain and then give that property to private developers like Costco or Wal-Mart, all in the name of community development. That changed in 2011 when the… Read more »
It is a long standing tradition in American law that one who is harmed by an economic regulation she believes is unconstitutional should have the opportunity to make her case in court. Soon, the Fourth Circuit will have the opportunity to determine the extent to which that tradition remains in place when it hears arguments… Read more »
