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Full-Text Articles in Law

Takings, Narratives, And Power, Gregory S. Alexander Dec 1988

Takings, Narratives, And Power, Gregory S. Alexander

Cornell Law Faculty Publications

"The Regulatory Takings Problem" is the title given to a story, or narrative, that has become prominent in the literature on just compensation issues. The story is one of power and fear. It is about a perceived imbalance of power between the two groups of actors involved in the process of public land-use regulation--private landowners and government regulators. It depicts scenarios of past or threatened abuse of power by local land-use regulators, and it looks to the takings clause generally and regulatory takings doctrine specifically as crucial corrective devices, essential to set the power imbalance aright. The dominant narrative describes …


Explaining Constitutional Tort Litigation: The Influence Of The Attorney Fees Statute And The Government As Defendant, Stewart J. Schwab, Theodore Eisenberg May 1988

Explaining Constitutional Tort Litigation: The Influence Of The Attorney Fees Statute And The Government As Defendant, Stewart J. Schwab, Theodore Eisenberg

Cornell Law Faculty Publications

No abstract provided.


The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab Mar 1988

The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications


Justice Kelleher And The Constitutions, Robert B. Kent Jan 1988

Justice Kelleher And The Constitutions, Robert B. Kent

Cornell Law Faculty Publications

No abstract provided.