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Introduction To The Symposium On Judicial Takings, Benjamin Barros
Introduction To The Symposium On Judicial Takings, Benjamin Barros
Benjamin Barros
No abstract provided.
The Police Power And The Takings Clause, Benjamin Barros
The Police Power And The Takings Clause, Benjamin Barros
Benjamin Barros
One of the more enduring puzzles in constitutional law is the problem of regulatory takings, and it has become something of a ritual to begin articles on the issue by noting the widespread confusion that the doctrine has caused. This Article seeks to clarify the regulatory takings debate by examining the scope and nature of the police power and discussing its relationship with the Just Compensation Clause.
The recent increase in federal regulation notwithstanding, the regulatory takings doctrine is primarily the product of challenges to state police power regulations. But despite the centrality of the police power to the problem …
Defining “Property” In The Just Compensation Clause, Benjamin Barros
Defining “Property” In The Just Compensation Clause, Benjamin Barros
Benjamin Barros
No abstract provided.