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Full-Text Articles in Law
The Irony Of Deregulatory Takings, Jim Rossi
The Irony Of Deregulatory Takings, Jim Rossi
Vanderbilt Law School Faculty Publications
This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …
The Endangered Species Act And Private Property: A Matter Of Timing And Location, J.B. Ruhl
The Endangered Species Act And Private Property: A Matter Of Timing And Location, J.B. Ruhl
Vanderbilt Law School Faculty Publications
For all the controversy surrounding the effect of the Endangered Species Act ("ESA") on private property, precious little information has accompanied the heated calls for strengthening or weakening the law's land use proscriptions. Preservationist groups and property rights groups alike depend on staking out higher moral ground and producing "poster child" stories of imperiled species or property owners. The Fish and Wildlife Service ("FWS"), which implements the ESA for most of the listed endangered and threatened species, has compiled reams of data on its administrative functions' in support of its recent efforts through administrative (in lieu of legislative) reform to …