TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 11 P48

Gale Encyclopedia of American Law Volume 11 P48 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW KELO V. CITY OF NEW LONDON 457 As this Court recently noted in support of the decision to uphold Washington s IOLTA program against a Takings Clause challenge i f the State had imposed a special tax or perhaps a system of user fees to generate the funds to finance the legal services supported by the Foundation there would be no question as to the legitimacy of the use of the public s money. Brown v. Legal Foundation of Washington 538 . 216 232 2003 emphasis added . But while due process and equal protections challenges to economic legislation receive the tender mercies of rational basis review the petitioners would have this Court eviscerate the power of a state or municipality to use eminent domain in order to achieve precisely the same end - economic health - by barring the use of eminent domain for economic This Court should not sanction such an illogical dichotomy. The very same institutional concerns that historically have motivated judicial deference to economic regulation apply with equal force to economic action through eminent domain. First reviewing courts simply are institutionally unsuited to gather the facts upon which economic predictions can be made and professionally untrained to make them. General Motors 519 . at 308. As a result this Court customarily . declin es to engage in elaborate analysis of real-world economic effects. Id. at 309. Answering such questions fraught as they are with the complexities of factual economic proof is a task with which courts generally have little familiarity and even less expertise. Fulton Corp. v. Faulkner 516 . 325 342 1996 . The answers are better left to state and municipal governments which have 10The dissent in Brown raises the question whether an analogy to taxation would reduce the public use requirement to a negligible impediment because taxation is not subject to that requirement. Brown 538 . at 242 Scalia J. dissenting . But taxation in most states .

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