Abstract
The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary and classrooms. Leading the way are several United States Supreme Court Justices who, in cases involving the Commerce Clause, the Takings Clause and Section Five of the Fourteenth Amendment, are much more willing than their immediate predecessors to second-guess the motives and tactics of elected and appointed officials at all levels of government. ...
Document Type
Article
Publication Date
2002
Recommended Citation
Michael Allan Wolf, Earning Deference: Reflections on the Merger of Environmental and Land-Use Law, 20 Pace Envtl. L. Rev. 253 (2003).
