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More on Kelo

Interesting observations on the Kelo case from Dahlia Lithwick in Slate, and from Professors Peter Byrne and Richard Epstein, debating over at Legal Affairs. Lithwick and Byrne largely confirm my impression of the oral argument, and Byrne and Epstein provide some interesting reactions to the suggestions of several Justices (led by Justice Kennedy) that if the Court is to reconsider its doctrine in any respect, it ought to be with respect to the calculation of what compensation is “just,” rather than to the notion of “public use.”