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Full-Text Articles in Law
Combining Constitutional Clauses, Michael Coenen
Combining Constitutional Clauses, Michael Coenen
Journal Articles
No abstract provided.
The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards
The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards
Journal Articles
No abstract provided.
Presumptive And Per Se Takings: A Decisional Model For The Taking Issue, John Costonis
Presumptive And Per Se Takings: A Decisional Model For The Taking Issue, John Costonis
Journal Articles
Professor Costonis presents a decisional model for the judicial management of compensation practice under the takings clause that comprehends both physical and regulatory incursions. The model contains four elements: a commitment to presumptions rather than per se rules to determine whether property has been taken; a due process-takings phase, in which conflicts between welfare and indemnification concerns are mediated through application of the just share principle; a pure takings phase, in which a measure's fairness in operation is assessed; and a sliding scale to key government's burden of proof in justifying a particular measure in light of the values implicated …