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Radical Agreement

Divided Argument

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Legal Case Complexity: Takings Issue and State vs Federal Actions

The chapter dives into a legal case involving the complexities of a takings issue under the Fifth Amendment, debating whether a self-executing cause of action exists under the Takings Clause or if separate state or federal law actions are needed for a remedy. It discusses the challenges faced by plaintiffs suing the state for constitutional violations and taking rights, highlighting confusion around federal and state law claims and the jurisdiction of federal courts in handling such cases.

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