Judith Koons (Barry) has posted Locational Justice: Race, Class, and the Grassroots Protest of Property Takings (Santa Clara Law Review) on SSRN. Here’s the abstract:
Defining “locational justice” as the “where” of justice, this article takes the grassroots opposition to Kelo as its point of ignition. To consider how a populist movement may sustain hope for locational justice, the article is framed around a case study of a grassroots challenge to a city’s plans to “redevelop,” (i.e., eliminate) its historic African American community. Proposing that lessons from that struggle may be instructive to the post-Kelo protest movement, the article argues that locational justice may be advanced through racial and socioeconomic coalitions that seek political and economic participation in democratic processes, not simply through judicial or legislative protections of property rights.