Editors' Summary: Rather than signaling the death of private property rights, as media and the public initially feared, the Supreme Court decision in Kelo v. City of New London ushered in an era of increased state and federal protection for private property. In this Article, Daniel H. Cole examines Kelo's repercussions for urban redevelopment. He begins with a description of the case, and then examines the resulting backlash from the media and public opinion, which decried the decision as unduly expanding eminent domain powers.

Editors' Summary: In this Article, William W. Wade evaluates the conceptual measurement of economic impact within the Penn Central test for income-producing properties recently adjudicated in the U.S. Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit. The discussion considers measurement of the denominator of the takings fraction related to Penn Central's parcel as a whole and whether it differs between permanent and temporary takings.

In a recent essay, David Coursen asks an important and unexamined question: Are environmental justice policies, which seek to avoid disproportionate environmental burdens on minority and poor communities, on a "collision course" with the Equal Protection Clause? In concluding that a potential collision is more illusory than real, Coursen offers a number of reasons why governmental actions to promote environmental justice have not been challenged in court and, even if they were to be, would not be subjected to strict judicial scrutiny.

Editors' Summary

Perhaps Congress should throw up its hands and move on to something more manageable than global climate change. Richard Lazarus asserts that the challenges of enacting effective national strategies for mitigating and adapting to changes in the Earth's climate are not just "wicked," but "super wicked," meaning they defy resolution.