Taking Property and Just Compensation: Law and Economics by Nicholas Mercuro (auth.), Nicholas Mercuro (eds.)

By Nicholas Mercuro (auth.), Nicholas Mercuro (eds.)

While a lot has been won from the normal criminal students' doctrinal mode of study of the takings factor, this quantity is gifted within the trust that contributions from students from some of the faculties of concept that include legislation and Economics can supplement the conventional doctrinal method of legislations. because the self-discipline of legislation and Economics maintains to increase, it is still heterodox; there are a number of vantage issues from which to explain and learn the interrealtionships among legislation and economics. it truly is was hoping that the analyses from different vantage issues supplied the following will supplement the prodigous physique of current doctrinal, felony research of the takings factor and deepen the knowledge of the jurisprudential questions and fiscal concerns surrounding the takings factor.
To this finish, each one contributor to this quantity was once chosen as `representative' of 1 of the universities of idea comprising legislations and Economics. furthermore, every one contributor used to be supplied with a set of modern usa excellent complaints (those summarized in bankruptcy 1 of this booklet) besides President Regan's govt Order: the only real cost to every contributor used to be to behavior a legal-economic research of the circumstances and the President's government Order from the vantage aspect in their respective tuition of inspiration.

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Ct. 2076 (1987). Keystone Bituminous Coal Association v. DeBenedictis, 107 S. Ct. 1232 (1987). Mugler v. S. 623 (1887). Nollan v. California Coastal Commission, 107 S. Ct. 3141 (1987). Penn Central Transportation Co. v. New York City, 98 S. Ct. 2646 (1978). Pennell v. City of San Jose, 108 S. Ct. 849 (1988). Pennsylvania Coal Co. v. Mahon, 43 S. Ct. 158 (1922). San Diego Gas and Electric Co. v. City of San Diego, 101 S. Ct. 1278 (1981). 2 REGULATORY TAKINGS: POLICY ANALYSIS AND DEMOCRATIC PRINCIPLES Susan Rose-Ackerman 1.

CASES Andrus v. S. 51 (1979), 100 S. Ct. 318, 62 L. Ed. 2d. 210. Armstrong v. S. 40 (1960),80 S. Ct. 1563,4 L. Ed. 2d. 1554. Chang v. United States, 13 Cl. Ct. 555 (1987). Curtin v. S. 78 (1911), 32 S. Ct. 31,56 L. Ed. 102. First English Evangelical Church v. S. 304 (1987), 107 S. Ct. 2378, 96 L. Ed. 2d. 250. Hodel v. S. 704 (1987), 107 S. Ct. 2076,95 L. Ed. 2d. 668. Hodel v. S. 264 (1981), 101 S. Ct. 2352, 69 L. Ed. 2d. 1. Kaiser Aetna v. S. 164 (1979), 100 S. Ct. 383, 62 L. Ed. 2d. 232. Keystone Bituminous Coal Association v.

Ct. 1232 (1987). 20. See Merced Irrigation District v. Woolstenhulme, 4 Cal. 3d 478, 483 P. 2d 1,93 Cal. Rptr. 833 (1971). 21. Monongahela Navigation Company v. S. 312, 325 (1893) (quoted in Keystone Bituminous Coal Association v. DeBenedictis, 107 S. Ct. 1232, p. , dissenting». See also Armstrong v. S. 40, p. " 22. Richard Epstein takes a contrary position, reading the taking clause as imposing severe restrictions on the ability of the government to redistribute wealth. See Epstein (1985). But see Gray (1986), who criticizes Epstein's position.

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