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An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
William & Mary Law Review
Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law “on the ground”—in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions over the period 1979 through 2012, attempts to fill that void.
This study establishes that the Supreme Court’s categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action other …
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Journal
Property as a Form of Governance
October 1-2, 2015
Panel 1: Property as a Form of Governance
Panel 3: Of Pipelines, Drilling, & the Use of Eminent Domain
Panel 4: Property Rights in the Digital Age