Add to ORKGThis article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting it to real property. It argues that the distinction between real and personal property cannot be justified by history or the differing expectations of property owners. It then applies five theoretical frameworks (libertarian, personhood, utilitarian, public choice, and Thomistic-Aristotelian natural law) and finds that none of them supports the jurisprudential distinction between real and personal property. As a result, the article argues that because the distinction between personal and real property is an unprincipled one, it cannot save the Court from the unpalatable implications of its Lucas holding for broader economic legislation. Whil...
Nearly a decade ago, the Supreme Court in Lucas v. South Carolina Coastal Council held that a regula...
This Article argues that recent developments in economic theory provide a new rationale for the dich...
This article argues that land allocation agreements (e.g., deeds, mortgages, covenants, easements, e...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
Modern regulatory takings disputes present a key battleground for competing conceptions of property....
This article argues that the Court\u27s reliance on the law of property neither creates an internal ...
Contemporary takings scholarship has devoted much attention to the problem of regulatory takings and...
This Article examines the diversion of the Takings Clause from its historic limited role to that of ...
Long-standing disagreements over the definition of property as a matter of legal theory present a sp...
This Article addresses the need for a more binding Supreme Court decision precluding states from red...
In 1987, the Supreme Court decided three cases involving takings challenges to governmental exerci...
How should we think about property and property law both descriptively and normatively? This article...
This article has two goals. First, I explore some of the descriptive and normative shortcomings of t...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
The U.S. Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council was celebrated by ...
Nearly a decade ago, the Supreme Court in Lucas v. South Carolina Coastal Council held that a regula...
This Article argues that recent developments in economic theory provide a new rationale for the dich...
This article argues that land allocation agreements (e.g., deeds, mortgages, covenants, easements, e...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
Modern regulatory takings disputes present a key battleground for competing conceptions of property....
This article argues that the Court\u27s reliance on the law of property neither creates an internal ...
Contemporary takings scholarship has devoted much attention to the problem of regulatory takings and...
This Article examines the diversion of the Takings Clause from its historic limited role to that of ...
Long-standing disagreements over the definition of property as a matter of legal theory present a sp...
This Article addresses the need for a more binding Supreme Court decision precluding states from red...
In 1987, the Supreme Court decided three cases involving takings challenges to governmental exerci...
How should we think about property and property law both descriptively and normatively? This article...
This article has two goals. First, I explore some of the descriptive and normative shortcomings of t...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
The U.S. Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council was celebrated by ...
Nearly a decade ago, the Supreme Court in Lucas v. South Carolina Coastal Council held that a regula...
This Article argues that recent developments in economic theory provide a new rationale for the dich...
This article argues that land allocation agreements (e.g., deeds, mortgages, covenants, easements, e...