Issue Archives

Partial Takings

Abraham Bell* & Gideon Parchomovsky**

Partial takings allow the government to expropriate the parts of an asset it needs, leaving the owner the remainder. Both vital and common, partial takings present unique challenges to the standard rules of eminent domain. Partial takings may result in the creation of suboptimal, and even unusable, parcels. Additionally, partial takings create assessment problems that do not arise when parcels are taken as a whole. Finally, partial takings engender...

One of the most dramatic exercises of a court’s equitable authority is the nationwide injunction. Although this phenomenon has become more prominent in recent years, it is a routine fixture of the jurisprudence of federal courts. Despite the frequency with which these cases arise, there has been no systematic scholarly or judicial analysis of when courts issue nationwide injunctions and little discussion of when they should issue such relief.

The rhetoric surrounding the benefits of local governments has changed: In response to many cities passing progressive local regulations, state and federal legislators have shifted from emphasizing local control to promoting broad state preemption statutes designed to reduce local power. Additionally, as a result of the work of national interest groups, much of this state-level legislation has become increasingly homogenized. Although not an exclusively...

Section 3(c) of the Voting Rights Act of 1965 provides a seldom-used path to federal preclearance of changes to state and local voting practices. It allows a federal judge, upon finding that a jurisdic­tion violated the Fourteenth or Fifteenth Amendment, to require that jurisdiction to submit for preapproval any “voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting.” Originally intended...