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Articles 1 - 5 of 5
Full-Text Articles in Law
Ten Years Of Takings, Gregory S. Alexander
Ten Years Of Takings, Gregory S. Alexander
Cornell Law Faculty Publications
No area of property law has been more controversial in the past decade than takings. No aspect of constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the just compensation question. No question concerning constitutional property is more intractable than what sorts of government regulatory actions constitute uncompensated "takings" of private property.
Limitations of space, not to mention my own ambivalence about many of the issues, prevent me from developing a complete normative theory of the proper scope of the Takings Clause. My aim here is vastly more modest: to outline the basic …
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Cornell Law Faculty Publications
This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …
Takings And The Nature Of Property, Laura S. Underkuffler
Takings And The Nature Of Property, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Property: A Special Right, Laura S. Underkuffler
Property: A Special Right, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander
"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander
Cornell Law Faculty Publications
No area of American property law has been more controversial in recent years than the government regulation of uses of private property. No aspect of American constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the requirement that the government pay compensation for takings of property. The purpose of this essay is to acquaint the non-American legal scholar who is unfamiliar with the recent developments in the United States Supreme Court “takings” jurisprudence. The essay does not presuppose any background knowledge about either American constitutional or property law. Instead it attempts to familiarize …