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Northwestern University Law Review : Colloquy : 2006 : Dana

The Law and Expressive Meaning of Condemning the Poor After Kelo

By David A. Dana


This Essay provides a review of the changes in state law following Kelo v. City of New London, and in particular focuses on the dominant reform: the prohibition of economic development condemnations in non-poor areas (which Kelo allows, as a matter of federal constitutional law) coupled with continued allowance for blight condemnations in poor areas.  This dominant reform, the Essay argues, privileges the stability of middle-class households over the stability of poor ones, and thus expresssively devalues poor people and poor communities in legal and political discourse.

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Copyright 2006 Northwestern University

Cite As: 101 Nw. U. L. Rev. (forthcoming 2007); 101 Nw. U. L. Rev. Colloquy 5 (2006),

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