Florida Law Review Forum

Mark Fenster
Regulating in the Post-Koontz World
Response to Sean Nolon, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government

Professor Nolon’s consequential focus in his article is the source of its strength, even though his predictive claims are difficult to assess because they are inherently speculative. The one thing we can know for sure is that neither the Court nor advocates on either side of the issue can predict with certainty what will happen—indeed, given the incredibly, wonderfully variable nature of local governments as sub-sub-national regulatory entities, we can only say with certainty that Koontz’s consequences will be complex, often unanticipated, and, literally, all over the map. Read More.