Taking Property and Just Compensation: Law and Economics Perspectives of the Takings Issue
Springer Science & Business Media, Sep 30, 1992 - Political Science - 223 pages
While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue.
To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.
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Agins analysis appellants approach argued Bituminous Coal Association Brandeis California Coastal Commission City of San claim classical liberal concept constituted a taking constraint critical legal studies decision dissent easement efficiency eminent domain eminent domain clause Epstein Executive Order exercise fair market value federal Fifth Amendment Gas and Electric government action governmental Hawaii Housing Authority Hodel Holmes individual inefficient judges judgment Keystone Bituminous Coal land Landmarks Law and Economics Law Review legislation legitimate losses Mahon majority Malloy Mercuro Nollan opinion ordinance Penn Central Penn Central Transportation Pennell perspective Poletown police power political Posner postmoderns private property owners property interest property rights protect Public Choice public choice theory question Radin reasonable regulation regulatory takings Rehnquist rejects Rose-Ackerman rules San Diego Gas social statute subjective value Subsidence Act taking power takings clause takings doctrine takings issue takings law takings problem tenants U.S. Constitution U.S. Supreme Court