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  • Author or Editor: Laura S. Underkuffler x
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In: Resolving Conflicts in the Law

The processes of art and the processes of law are generally believed to be different. Art deals with emotions, intuitions, and unsolved complexities. Law deals with objective facts, transparent argument, and certain rules. This dichotomy between the processes of art and the processes of law is explored in this chapter in the context of Stop the Beach Renourishment, a famous Fifth Amendment takings case in which landowners demanded compensation for the creation of a public beach along their oceanfront properties. The chapter’s exploration uses the Supreme Court’s opinion in the case and a painting capturing the case by artist Xavier Cortada. It concludes that the processes of art and the processes of law are in fact deeply and necessarily entwined.

In: Painting Constitutional Law