E. Brantley Webb

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How To Review State Court Determinations of State Law Antecedent to Federal Rights

120 Yale L.J. 1192 (2011).  In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 130 S. Ct. 2592 (2010), a plurality of the Supreme Court endorsed a judicial takings doctrine for the purpose of policing wayward state property law decisions. The plurality’s opinion culminates several decades’ worth of effort by legal scholars and property law groups to...