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Social and Behavioral Sciences Commons™

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Selected Works

2008

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Articles 1 - 2 of 2

Full-Text Articles in Social and Behavioral Sciences

A Positive Theory Of Eminent Domain, Eric Kades Mar 2008

A Positive Theory Of Eminent Domain, Eric Kades

Eric A. Kades

By examining a novel data set of land acquisitions and condemnations for roads by all 50 states, this article attempts to formulate a positive theory of states’ invocation of their eminent domain power. Litigation models based on irrationality and asymmetric information suggest that geography, demography, and legal rules may influence the frequency with which state officials resort to condemnation. To a significant degree, the data support these models, as water area and hilliness (geography), population density (demography), and legal rules (fee-shifting statutes) explain a significant portion of the state-state variation in condemnation rates. A number of other theoretically relevant explanatory …

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Chapter 12: Torts, Crimes, Sanctions. Witchcraft And Related Issues (The Anthropology Of Compensatory Or Retributive Justice), Wolfgang Fikentscher Jan 2008

Chapter 12: Torts, Crimes, Sanctions. Witchcraft And Related Issues (The Anthropology Of Compensatory Or Retributive Justice), Wolfgang Fikentscher

Wolfgang Fikentscher

Inclusive online updates jan10. Chapter 12 on torts and other wrongdoings will treat, along with the traditionally well researched basic concepts of this field of legtal anthropology (to which only brief attention will be given) a recently again debated alleged contrast between shame and guilt societies, the phenomenon of knowledge as witchcraft, and a short report on the growth and institutionalization of international criminal law. Early cultures do not distinguish between torts and crimes. They speak of wrongdoings. A designation of the person who commits the the tort or crime, is a “perpetrator” who is the defendant in civil and …

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