Curriculum Guide · Courses

Judge Firestone and Professor Meltz

J.D. Seminar 105 | 2 credit hours

This seminar course surveys the tests the Supreme Court has developed in determining when government action effects a taking. The course begins with an examination of the derivation of judicial protection of property under the Takings, Contract and Due Process Clauses of the Constitution, the government's police and regulatory powers, and the origin and extent of private rights. As the semester progresses, students will look closely at the types of "takings" that have evolved as a result of the Supreme Court's decisions in this area, paying particular attention to the elements required to establish a taking. Special emphasis will be given to the blur between physical and regulatory takings and the parcel as a whole rule, as well as the remedies available once a taking is proven. To tease out the importance of each case the class uses a unique teaching approach. The students are assigned to read not only the Supreme Court decisions but they are also asked to read the key briefs in each case. The students then informally assume the role of counsel in the cases with the teachers serving as the Supreme Court. The course does not have a text book but is based on a collection of Supreme Court decisions and other cases as well as key briefs. In lieu of a paper and presentation requirement, students will be required to submit briefs on a takings fact pattern. Students will then have the opportunity to argue the briefs in a simulated court setting before judges of the U.S. Court of Federal Claims and Court of Appeals for the Federal Circuit.

Prerequisite: Constitutional Law I: The Federal System or completion of Curriculum B courses. Recommended: Administrative Law; basic property course.