The word property had many meanings in 1789, as it does today, and a critical aspect of the ongoing debate about the meaning of the Fifth Amendment\u27s Takings Clause has centered on how the word should be read in the context of the Clause. Property has been read by Professor Thomas Merrill to refer to ownership interests, by Richard Epstein in terms of a broad Blackstonian conception of the individual control of the possession, use, and disposition of resources, by Benjamin Barros as reflective of constructions through individual expectations and state law, and by me as physical control of material possessions
This paper is an invited contribution to the Bernard Siegan Memorial Conference on Economic Libertie...
An unfortunate amount of semantic confusion currently burdens the constitutional process of balancin...
Most of us think that as a nation, the United States is and always has been very conscious of proper...
The word property had many meanings in 1789, as it does today, and a critical aspect of the ongoing ...
Leif Wenar examines the impact on takings scholarship of the redefinition of "property" early in th...
The original understanding of the Takings Clause of the Fifth Amendment was clear on two points. The...
The champions of the property rights movement claim that they are fighting to restore the original u...
This article reviews Supreme Neglect: How to Revive Constitutional Protection for Private Property b...
In 1922, the Supreme Court embarked on its first decision to protect property owners from unbridled,...
Eminent domain has evolved to encourage almost every conceivable type of economic development. In re...
Long-standing disagreements over the definition of property as a matter of legal theory present a sp...
Since man first left the state of nature and formed property rights, there have been issues when sta...
William Fischel\u27s Regulatory Takings launches a surprisingly energetic shove at property law\u27s...
No area of property law has been more controversial in the past decade than takings. No aspect of co...
Property rights are a hot political topic. In the last few years, the issue of regulatory takings ...
This paper is an invited contribution to the Bernard Siegan Memorial Conference on Economic Libertie...
An unfortunate amount of semantic confusion currently burdens the constitutional process of balancin...
Most of us think that as a nation, the United States is and always has been very conscious of proper...
The word property had many meanings in 1789, as it does today, and a critical aspect of the ongoing ...
Leif Wenar examines the impact on takings scholarship of the redefinition of "property" early in th...
The original understanding of the Takings Clause of the Fifth Amendment was clear on two points. The...
The champions of the property rights movement claim that they are fighting to restore the original u...
This article reviews Supreme Neglect: How to Revive Constitutional Protection for Private Property b...
In 1922, the Supreme Court embarked on its first decision to protect property owners from unbridled,...
Eminent domain has evolved to encourage almost every conceivable type of economic development. In re...
Long-standing disagreements over the definition of property as a matter of legal theory present a sp...
Since man first left the state of nature and formed property rights, there have been issues when sta...
William Fischel\u27s Regulatory Takings launches a surprisingly energetic shove at property law\u27s...
No area of property law has been more controversial in the past decade than takings. No aspect of co...
Property rights are a hot political topic. In the last few years, the issue of regulatory takings ...
This paper is an invited contribution to the Bernard Siegan Memorial Conference on Economic Libertie...
An unfortunate amount of semantic confusion currently burdens the constitutional process of balancin...
Most of us think that as a nation, the United States is and always has been very conscious of proper...