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Taking Property And Just Compensation

Author : Nicholas Mercuro
ISBN : 9789401129589
Genre : Political Science
File Size : 72.93 MB
Format : PDF
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While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.
Category: Political Science

The Economic Theory Of Eminent Domain

Author : Thomas J. Miceli
ISBN : 9781139501309
Genre : Political Science
File Size : 21.46 MB
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Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive (if any)? The recent case of Kelo v. New London (2005) revitalized the debate, but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use.
Category: Political Science

Law And Market Economy

Author : Robin Paul Malloy
ISBN : 0521787319
Genre : Business & Economics
File Size : 27.34 MB
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Law, market theory and semiotics together provide a challenging new perspective on economic analysis of law.
Category: Business & Economics

Regulatory Takings

Author : William A. Fischel
ISBN : 0674753887
Genre : Law
File Size : 65.25 MB
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Are rent controls and zoning regulations unconstitutional? Should the Supreme Court strike down the Endangered Species Act when its administration interferes with the use of private property? These questions are currently debated under the doctrine of regulatory takings, and William Fischelâe(tm)s book offers a new perspective on the issue. Regulatory Takings argues that the issue is not so much about the details of property law as it is about the fairness of politics. The book employs jurisprudential theories, economic analysis, historical investigation, and political science to show why local land use regulations, such as zoning and rent control, deserve a higher degree of judicial scrutiny than national regulations. Unlike other books on this topic, Regulatory Takings goes beyond case law to buttress its arguments. Its reality checks range from reviews of statistical evidence to local inquiries about famous takings cases such as Pennsylvania Coal v. Mahon and Lucas v. South Carolina Coastal Commission. The gap between legal theory and on-the-ground practice is one reason that Fischel investigates alternative means of protecting property rights. Local governments are often deterred from unfairly regulating portable assets by their ownersâe(tm) threat of âeoeexitâe from the jurisdiction. State and federal government regulations are disciplined by property-owner coalitions whose âeoevoiceâe is clearly audible in the statehouses and in Congress. Constitutional courts need to preserve their resources for use in areas in which politics is loaded against the property owner. Regulatory Takings advances an economic standard to decide when a local regulation crosses the border from legitimate police power to a taking that requires just compensation for owners who are adversely affected.
Category: Law

Selected Acquisitions Of The Library

Author : Indiana University, Bloomington. Law Library
ISBN : IND:30000038937193
Genre : Acquisitions (Libraries)
File Size : 43.69 MB
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Category: Acquisitions (Libraries)

Selected Acquisitions

Author : Robert Crown Law Library
ISBN : STANFORD:36105061742610
Genre : Law
File Size : 53.18 MB
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Category: Law