Law | Open Access Articles | Digital Commons Network™

The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger

Errol Meidinger

This paper examines the effects and implications of the ‘public use’ requirement for the exercise of eminent domain in the United States. It is part of an ongoing inquiry the consequences of eminent domain in the United States. The first part examines the history of the public use requirement, both how the doctrine has been articulated and logically extended and what purposes have been accomplished under it. The second part of the paper is an analytic critique of the public use doctrine. After considering whether any principled standard can be developed to delimit the proper uses of eminent domain, it …

Go to article

Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.

Go to article

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights …

Go to article

Law Commons^™

Full-Text Articles in Law

The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger

Errol Meidinger

Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan