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Articles 1 - 3 of 3

Full-Text Articles in Law

I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller Aug 2015

I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller

Touro Law Review

No abstract provided.


Private Property, The Takings Clause And The Pursuit Of Market Gain, Charles H. Clarke Jul 2015

Private Property, The Takings Clause And The Pursuit Of Market Gain, Charles H. Clarke

Akron Law Review

This Article proposes a fair return model for the takings clause. This conception of the clause has been an operating principle of welfare capitalism for decades. The Article rejects the model of laissez faire capitalism that once dominated the landscape of the nation's constitutional system and may come back again.


The Politics Of The Takings Clauses, Mila Versteeg Apr 2015

The Politics Of The Takings Clauses, Mila Versteeg

Northwestern University Law Review

A long-standing consensus exists that the arbitrary or excessive expropriation of private property by a country hurts its economic growth. Although constitutions can play an important role in protecting private property, remarkably little is known about how they actually restrict the power of eminent domain and whether such restrictions are associated with reduced de facto expropriation risks. This Essay fills that gap by presenting original data on the procedural and substantive protections in constitutional takings clauses from 1946 to 2013. Its main finding is that no observable relationship exists between de jure constitutional restrictions on the power of eminent domain …