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Full-Text Articles in Law
Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp
Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp
Indiana Law Journal
No abstract provided.
Political Institutions, Judicial Review, And Private Property: A Comparative Institutional Analysis, Daniel H. Cole
Political Institutions, Judicial Review, And Private Property: A Comparative Institutional Analysis, Daniel H. Cole
Articles by Maurer Faculty
Since Madison, jurists of all ideological stripes have more or less casually presumed that constitutional judicial review is absolutely necessary to protect private property rights against over-regulation by political bodies. During the twentieth century, this presumption led directly to the institution of regulatory takings doctrine.
Recently, the economist William Fischel and the legal scholar Neil Komesar have raised important questions about, respectively, the utility and the sufficiency of constitutional judicial review for protecting private property. This article supports their arguments with theoretical and historical evidence that constitutional judicial review (1) is not strictly necessary for protecting private property rights, and …