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Missed Opportunities, Good Intentions: The Takings Decisions of Justice Antonin Scalia

’ property has been deprived of its character (and value) as oceanfront property by the State’s artificial creation of an avulsion (i.e. the wall and easement that cuts off waterfront access). Perhaps state-created avulsions ought to be treated differently from other avulsions insofar as the property right to accretion is concerned. But nothing in prior Florida law makes such a distinction, and Martin suggests, if it does not indeed hold, the contrary. Stop The Beach , 560 U.S. at 730–31. Under Justice Scalia’s analysis, the outcome of Stop The Beach therefore does

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Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law

morning hours of February 13, 2016. Reactions to his death were resoundingly, even if begrudgingly, laudatory; either way you cut it, Scalia was a giant in terms of his impact on American law. Justice Ruth Bader Ginsburg, one of Scalia’s closest friends on the Court—but also an ideological sparring partner—said, “‘We are different, we are one’, different in our interpretation of written texts, one in our reverence for the Constitution and the institution we serve.” NPR Staff, All Things Considered: Ginsburg and Scalia : “ Best Buddies ,” NPR (Feb. 15, 2016), http

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