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Full-Text Articles in Law

Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock Aug 2007

Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock

All Faculty Scholarship

Professor William Rodgers is one of the handful of legal academics who have shaped and influenced environmental law since it was created out of whole cloth in the late 1960s. The staggering quantity, quality, breadth, and creativity of his scholarship are perhaps unrivaled among his peers. It is easy to criticize the gap between the environmental problems that society faces and the inadequate legal tools and institutions that we have created to confront them. Professor Rodgers has always been able to see both the deep flaws in environmental law and the possibilities for more responsive legal regimes.


Taking Compensation Private, Abraham Bell, Gideon Parchomovsky Feb 2007

Taking Compensation Private, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

In light of the expansive interpretation of the ""public use"" requirement, the payment of ""just compensation"" remains the only meaningful limit on the government's eminent domain power and, correspondingly, the only safeguard of private property owners' rights against abusive takings. Yet, the current compensation regime is suboptimal. While both efficiency and fairness require paying full compensation for seizures by eminent domain, current law limits the compensation to market value. Despite the virtual consensus about the inadequacy of market compensation, courts adhere to it for a purely practical reason: there is no way to measure the true subjective value of property …