Articles

Can constitutional rights be destroyed by desuetude?

August 25, 2014 | By JONATHAN WOOD

Earlier this month, the Second Circuit rejected a Takings Clause challenge to a New York statute that, by increasing the state’s homestead exemption, destroyed a lien holder’s property interest. Rather than resolving what sort of property interest the lien was or what test applied to the taking, the Second Circuit concluded that, regard ...