Category: Due process

Correcting Yee v. Escondido by asking the right question: Part 2, the question to ask

4 April, 2012 (09:37) | Constitution, Due process, Harmon, Law, Litigation, New York City, Regulation, Rent control, Supreme Court, Takings, Theory, US News, Yee v Escondido |

[Continued from yesterday's Part 1.] By: David A. Smith   Everything that follows is a result of what you see here.   Yesterday’s post was at pains to show how the Supreme Court, in Yee v. Escondido, both the decision itself (blue Georgia) and its syllabus (black Georgia), didn’t exculpate all rent control, such as […]

Correcting Yee v. Escondido by asking the right question: Part 1, the question not asked

3 April, 2012 (09:29) | Constitution, Due process, Harmon, Law, Litigation, New York City, Regulation, Rent control, Supreme Court, Takings, Theory, US News, Yee v Escondido |

By:David A. Smith   I’m sorry. My responses are limited. You must ask the right questions.   For more than a quarter of a century, I’ve been baffled as to why rent control hasn’t been declared Unconstitutional, but it took until just recently, with James Harmon’s lawsuit against New York City, for me to read […]