If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory.
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A Tale of Two Pies
Hobbesian Man Lockean World
The Integrity of Constitutional Text
Takings Prima Facie
Takings and Torts
Partial Takings The Unity of Ownership
Possession and Use
Rights of Disposition and Contract
Public Use and Just Compensation
Implicit InKind Compensation
Property and the Common Pool
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allowed Amendment analysis argument assumption of risk benefits burdens Chapter claim common law common pool condemnation constitutional contract costs created creditors damages decision defendant disproportionate impact test doctrine easement economic eminent domain clause employer Epstein erty explicit compensation facie flat tax forced exchanges gains government action harm implicit in-kind compensation imposed individual interest issue judicial justified land landowner Legal Stud legislation liability rules loss market value matter ment Michelman nuisance obligation ordinance original owner ownership partial taking Penn Central pensation persons plaintiff police power political possession prevent principle private law private parties private property problem programs progressive taxation property rights protection question regulation rent control rent seeking restrictions simple social statute strict liability supra note Supreme Court surplus taken taking of private takings clause taxation theory tion tort transaction transfer payments wealth welfare wholly workers wrong zoning