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Podcast: Come and Take It: The Eminent Domain Podcast
Episode: Professor Lee Fennell on Implicit Takings After Cedar Point Nursery
Description: Today, we're joined by Professor Lee Fennell, the Max Pam Professor of Law at the University of Chicago Law School. Professor Fennell has recently written an article for an upcoming publication of the Duke Journal of Constitutional Law and Public Policy entitled Escape Room: Implicit Takings After Cedar Point Nursery. In today's interview, we have a great discussion of her article, which gives a creative and detailed analysis of the Supreme Court's Cedar Point opinion. In particular, the article dissects the many exceptions the Court has enumerated to the newly expanded definition of a per se physical taking. We...