Maureen E. Brady, The Damagings Clauses, 104 Va. L. Rev. (forthcoming 2018), available at SSRN.

Shelley Ross Saxer

In her article, The Damagings Clauses, Professor Molly Brady comprehensively analyzes provisions known as “damagings clauses,” which twenty-seven states have enacted in their constitutions. Her work explains the history of their enactment, the courts’ interpretation of these clauses over time, and the potential for reenergizing these constitutional claims to address governmental damages and injuries to property owners that takings jurisprudence or the common […]