Professor Stewart Sterk's article "The Demise of Federal Takings Litigation" was cited by both the majority and the dissent in the U.S. Supreme Court's opinion on Knick v.
Professor Kate Shaw spoke about the role of presidential speech and how it impacts executive intent and the judicial process, in an interview with TalksOnLaw.
“The courts don't know quite what to do with Donald Trump,” she said. "What should the president's words mean? This is a really difficult legal question."
When asked if presidential statements carry any weight of law, Professor Shaw responded, “courts haven’t given us any clear guidance about what the answer to that question may be.”
There are examples, she said, in which courts sometimes give weight to those statements, and some which also disregard statements.
“We’re seeing courts struggle with this and hopefully, they will emerge with a set of guiding principles that will work for the Trump Administration and any president that may come after him,” said Shaw.
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