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Articles 1 - 6 of 6

Full-Text Articles in Law

Property Rights And Public Resources, Mark L. Pollot Jun 1994

Property Rights And Public Resources, Mark L. Pollot

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.


Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys Jun 1994

Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

7 pages.


City Of Tigard And Takings Law, Richard D. Lazarus Jun 1994

City Of Tigard And Takings Law, Richard D. Lazarus

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains 1 page of references.


Takings And Retroactivity, Jan G. Laitos Jun 1994

Takings And Retroactivity, Jan G. Laitos

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages.

Contains references.


Constitutional Limits On Physician Price Control, Thomas W. Merrill Jan 1994

Constitutional Limits On Physician Price Control, Thomas W. Merrill

Faculty Scholarship

Proposals for the reform of the nation's health care system have highlighted the issue of rising health care costs. Concern about rising costs, in tum, has led to talk of imposing price controls on health care providers. Economists and other experts have condemned price controls as a way to control rising health care costs. They argue that price controls do nothing to alleviate the underlying causes of inflation; instead, price controls merely postpone or redirect price increases, and in the process introduce allocational distortions and inefficiencies. This Article will not elaborate on the policy arguments for or against medical price …


Reply To Professor Brewbaker, Thomas W. Merrill Jan 1994

Reply To Professor Brewbaker, Thomas W. Merrill

Faculty Scholarship

Professor Brewbaker's thoughtful article on physician price controls raises many issues, large and small. Some – such as the relative merits of the regulatory takings standard and the fair return standard – have been dealt with in my principal article and I will not revisit them here. I will instead address four arguments advanced by Professor Brewbaker that are not anticipated in my article: (1) that the Constitution should not apply to physician price controls because physicians can fend for themselves in the political process; (2) that applying the Takings Clause to physician price controls would be tantamount to reviving …