Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Kelo V. City Of New London And The Prospects For Development After A Natural Disaster, Carol N. Brown
Kelo V. City Of New London And The Prospects For Development After A Natural Disaster, Carol N. Brown
Law Faculty Publications
The tension between private property rights, human rights, and community are at an all time high in many parts of the world. Social and political changes along with the pressures of globalization call for a new look at the role of private property and its place within the framework of democratic societies.This book addresses the current status of eminent domain and takings law jurisprudence. The focus is the relationship between private property, individual rights and community. The work covers a variety of points of view with respect to the legal, economic, and socio-legal aspects of property and of takings law, …
Eminent Domain And The Psychology Of Property Rights: Proposed Use, Subjective Attachment, And Taker Identity, Janice Nadler, Shari Seidman Diamond
Eminent Domain And The Psychology Of Property Rights: Proposed Use, Subjective Attachment, And Taker Identity, Janice Nadler, Shari Seidman Diamond
Faculty Working Papers
The U.S. Supreme Court's decision in Kelo v. City of New London, allowing governments to force the sale of private property to promote economic development, provoked bipartisan and widespread public outrage. Given that the decision in Kelo was rendered virtually inevitable by the Court's earlier public use decisions, what accounts for the dread and dismay that the decision provoked among ordinary citizens? We conducted two experiments that represent an early effort at addressing a few of the many possible causes underlying the Kelo backlash. Together, these studies suggest that the constitutional focus on public purpose in Kelo does not fully, …
Take-Ings, William Michael Treanor
Take-Ings, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
The word property had many meanings in 1789, as it does today, and a critical aspect of the ongoing debate about the meaning of the Fifth Amendment's Takings Clause has centered on how the word should be read in the context of the Clause. Property has been read by Professor Thomas Merrill to refer to "ownership" interests, by Richard Epstein in terms of a broad Blackstonian conception of the individual control of the possession, use, and disposition of resources, by Benjamin Barros as reflective of constructions through individual expectations and state law, and by the author as physical control of …
Land Assembly Districts, Michael A. Heller, Rick Hills
Land Assembly Districts, Michael A. Heller, Rick Hills
Faculty Scholarship
Eminent domain for economic development is both attractive and appalling. States need the power to condemn because so much land in America is inefficiently fragmented. But public land assembly provokes hostility because vulnerable communities get bulldozed. Courts offer no help. The academic literature is a muddle. Is it possible to assemble land without harming the poor and powerless? Yes. This Article proposes the creation of Land Assembly Districts, or "LADs." This new property form solves the age-old tensions in eminent domain and shows, more generally, how careful redesign of property rights can enhance both welfare and fairness. The economic and …