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Full-Text Articles in Law
Reconciling Competition And Cooperation: A New Antitrust Standard For Joint Ventures, Thomas A. Piraino Jr.
Reconciling Competition And Cooperation: A New Antitrust Standard For Joint Ventures, Thomas A. Piraino Jr.
William & Mary Law Review
No abstract provided.
The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating
The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating
William & Mary Law Review
No abstract provided.
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Faculty Publications
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …