Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Economics (3)
- Book review (2)
- Law and Economics (2)
- Property Rights (2)
- 1839-1846 (1)
-
- Agriculture (1)
- Antirent War (1)
- Charity (1)
- Charles W. McCurdy (1)
- Compensation (1)
- Denmark (1)
- Economic Development (1)
- Eminent Domain (1)
- Eminent domain (1)
- Empirical (1)
- Forestry Law and Legislation (1)
- Land Tenure (1)
- Landlord and Tenant (1)
- Law and economics (1)
- Natural Law (1)
- New York State (1)
- Progressive Taxation (1)
- Property (1)
- Property-Personal and Real (1)
- Real Estate Development (1)
- Reeve Huston (1)
- Regressive Taxes (1)
- Regulatory Taking (1)
- Regulatory Takings (1)
- Rent Strikes (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
Eric A. Kades
Natural property rights theories have become the primary lens through which conservative jurists and scholars view the Constitution’s main property rights provision, the Takings Clause. One of their most striking arguments is that progressive income taxation — applying higher tax rates to higher incomes — is an unconstitutional taking of wealthy taxpayers’ property. This has become part and parcel of well-established battle lines between conservative property rights advocates and their liberal counterparts. What has gone unnoticed is that the very same argument deployed against progressive taxation also deems regressive taxation — applying lower tax rates to higher incomes — an …
The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades
Eric A. Kades
No abstract provided.
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Eric A. Kades
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades
Eric A. Kades
No abstract provided.
Foreword: Property Rights And Economic Development, Eric Kades
Foreword: Property Rights And Economic Development, Eric Kades
Eric A. Kades
No abstract provided.
Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades
Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades
Eric A. Kades
No abstract provided.
A Positive Theory Of Eminent Domain, Eric Kades
A Positive Theory Of Eminent Domain, Eric Kades
Eric A. Kades