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Articles 1 - 5 of 5
Full-Text Articles in Law
Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Covenants Not To Compete In The Real Property Context: An Update, Lynda L. Butler, Matthew Klepper
Covenants Not To Compete In The Real Property Context: An Update, Lynda L. Butler, Matthew Klepper
Popular Media
No abstract provided.
Development Vs. Conservation: The Future Of The African Elephant, Patty F. Storey
Development Vs. Conservation: The Future Of The African Elephant, Patty F. Storey
William & Mary Environmental Law and Policy Review
No abstract provided.
The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith
The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith
William & Mary Law Review
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
Faculty Publications
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 This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance.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 …