What compelling governmental interests would have to exist for these laws to be sustained? How else could the government justify their enactment? How could the laws be modified so as not to be a deemed an unlawful seizure or taking?
Please study the following problems: Chapter 5, problems 5-16 and 5-17 and consider the following questions:
Did the agencies involved violate Due Process or other Constitutionally mandated safeguards? What type of evidence would the agencies need to justify their actions. How might the aggrieved parties demonstrate that the agencies were acting in an arbitrary and capricious manner? How might the agencies defend against such a charge?
Please study the following problems: Chapter 19, problems 19-13 and 19-18 and consider these questions:
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