Podcast Episode 76 – Professor Lee Fennell on Implicit Takings After Cedar Point Nursery

Today, we’re joined by Professor Lee Fennell, the Max Pam Professor of Law at the University of Chicago Law School. Professor Fennell has recently written an article for an upcoming publication of the Duke Journal of Constitutional Law and Public Policy entitled Escape Room: Implicit Takings After Cedar Point Nursery. In today’s interview, we have a great discussion of her article, which gives a creative and detailed analysis of the Supreme Court’s Cedar Point opinion. In particular, the article dissects the many exceptions the Court has enumerated to the newly expanded definition of a per se physical taking. We also discuss the potential practical consequences of this ruling for various intrusions of government onto and burdens upon private property.

Professor Fennell’s paper: The Escape Room: Implicit Takings After Cedar Point Nursery

The Supreme Court Opinion: Cedar Point Nursery vs. Hassid

Professor Fennell’s book recommendation: Lakefront: Public Trust and Private Rights in Chicago by Joseph D. Kearney and Thomas W. Merrill

Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.