Jud Mathews

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Turning the Endangered Species Act Inside Out?

113 Yale L.J. 947 (2004) Within a week, both the Fifth and D.C. Circuits upheld the takings prohibitions of the Endangered Species Act (ESA) of 1973, as applied to species found only in single states, against Commerce Clause challenges. Both cases reach the same result, but the legal analysis used to get there could hardly be more different. In GDF...