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William & Mary Law School

Property Law and Real Estate

Eminent Domain

1997

Articles 1 - 7 of 7

Full-Text Articles in Law

Takings And Causation, Jan G. Laitos May 1997

Takings And Causation, Jan G. Laitos

William & Mary Bill of Rights Journal

Constitutional protection of private property is grounded in a conflict between two legal principles--the government's power to regulate private property for the common good and the Constitution's limit on this power in the Takings Clause. The Takings Clause's check on government power conforms to John Rawls's philosophy, which rejects the utilitarian beliefs that government may act to achieve* the "good" of maximizing human happiness and that government can force people to trade certain political liberties for an improved distribution of wealth. Under Rawls's theory, the principle of "justice as fairness" limits a government's ability to require some people to bear …

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The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor Mar 1997

The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor

William & Mary Law Review

No abstract provided.

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How Takings Legislation Could Improve Environmental Regulation, E. Donald Elliott Mar 1997

How Takings Legislation Could Improve Environmental Regulation, E. Donald Elliott

William & Mary Law Review

No abstract provided.

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Inserting The Last Remaining Pieces Into The Takings Puzzle, Douglas W. Kmiec Mar 1997

Inserting The Last Remaining Pieces Into The Takings Puzzle, Douglas W. Kmiec

William & Mary Law Review

No abstract provided.

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Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus Mar 1997

Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus

William & Mary Law Review

No abstract provided.

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Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff Mar 1997

Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff

William & Mary Law Review

No abstract provided.

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The Politics Of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler Mar 1997

The Politics Of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler

William & Mary Law Review

No abstract provided.

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