When (if ever) a judicial action can be an unconstitutional taking of private property has long been an open question in American constitutional law. Nested within this larger question are a host of detailed issues concerning both substance and procedure. Despite passing references in some cases, and a more direct discussion in one concurring opinion, the Supreme Court of the United States—unti...

This is an extremely ambitious book, for in its relatively brief compass it undertakes to discuss three aspects of the Jeffersonian era: (1) the contest for control of the national judiciary, usually personified as a struggle of the titans, Thomas Jefferson and John Marshall; (2) the battle for reform of the judiciary at the state and local level; and (3) the meaning of Jeffersonian democracy a...

In a new 340B controversy, OPA rebuffs a court ruling.