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Full-Text Articles in Law

Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai Oct 2006

Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai

Campbell Law Review

This article argues that the Court's holding creates an incentive for private developers to rent-seek by asking local governments to transfer private property to them instead of purchasing it in the private market. Likewise, the Court's holding creates incentives for local governments to take private property pursuant to their eminent domain powers.


"Don't Know What A Slide Rule Is For:" The Need For A Precise Definition Of Public Purpose In North Carolina In The Wake Of Kelo V. City Of New London, Michael Mcknight Apr 2006

"Don't Know What A Slide Rule Is For:" The Need For A Precise Definition Of Public Purpose In North Carolina In The Wake Of Kelo V. City Of New London, Michael Mcknight

Campbell Law Review

This comment, in Part I, traces the gradual erosion and decline of the public purpose doctrine in North Carolina from its roots in the Constitution of 1868 to recent North Carolina court decisions interpreting its meaning and scope. In examining the public purpose doctrine as it is addressed in North Carolina case law, four distinct categories of cases where the term has been invoked and applied are analyzed. Part II proffers a definition of "public purpose" as set forth by the cases discussed in Part I and proposes a more stringent test for courts and public bodies to apply in …