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The Incentive Problem

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0008
Subject:
Political Science, Political Theory

The incentive problem concerns ensuring that persons have an adequate incentive to make choices reflecting the knowledge to which they have access and to discover new information. This problem is ... More


Reimagining takings law

HANOCH DAGAN

in Property and Community

Published in print:
2009
Published Online:
May 2010
ISBN:
9780195391572
eISBN:
9780199775804
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391572.003.002
Subject:
Law, Environmental and Energy Law

Takings law attracts the attention of lawyers, judges, property theorists, and political philosophers. This literature tends to fall into two camps. Libertarian authors maintain that compensation is ... More


Government Takings of Private Property

Janice Nadler, Shari Seidman Diamond, and Matthew M. Patton

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0013
Subject:
Political Science, American Politics

This chapter discusses the conflict between the public's expectations about the circumstances under which government should be permitted to exercise its power of eminent domain to effect an outright ... More


Just Compensation, Incentives, and Social Meanings

Hanoch Dagan

in Property: Values and Institutions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199737864
eISBN:
9780199894994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737864.003.0016
Subject:
Law, Constitutional and Administrative Law

In Takings, Efficiency, and Distributive Justice: A Response to Professor Dagan; Glynn Lunney challenged the plausibility and the desirability of the thesis offered in Takings and Distributive ... More


Reimagining Takings Law

Hanoch Dagan

in Property: Values and Institutions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199737864
eISBN:
9780199894994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737864.003.0017
Subject:
Law, Constitutional and Administrative Law

The thick literature on takings law tends to fall into rather predictable and quite disappointing camps. Libertarian authors maintain that compensation should be required each time the takings' ... More


Global Fifth Amendment

Harry Blutstein

in The Ascent of Globalisation

Published in print:
2015
Published Online:
May 2016
ISBN:
9781784992897
eISBN:
9781526104311
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781784992897.003.0010
Subject:
Political Science, Democratization

US legal scholar, Richard Epstein developed a radical legal doctrine of ‘regulatory takings,’ based on the Fifth Amendment of the US Constitution, which revolutionised intergovernmental and ... More


Takings and Distributive Justice

Hanoch Dagan

in Property: Values and Institutions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199737864
eISBN:
9780199894994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737864.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter contributes to the ongoing debate over the scope of the regulatory takings doctrine by developing a credible doctrine that distinguishes a regulation from a taking with a view to both ... More


Two Conceptions of Property: Their (Hidden) Influence in Law

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0005
Subject:
Law, Law of Obligations

This chapter explores how different conceptions of property influence our thinking about property and its role in law. This question is considered from three perspectives: first, from the perspective ... More


Doctrinal Payoffs: New Approaches to Takings Law

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0014
Subject:
Law, Law of Obligations

The previous chapters uncovered various insights about the nature of property claims and their conflicts with public interests, both as a general matter and in the particular setting of interpreting ... More


Temporary Takings, More or Less

Timothy M. Mulvaney

in Climate Change Impacts on Ocean and Coastal Law: U.S. and International Perspectives

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199368747
eISBN:
9780199368761
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199368747.003.0022
Subject:
Law, Environmental and Energy Law, Public International Law

Modern Fifth Amendment Takings Clause jurisprudence can pose significant obstacles to innovative government actions to manage and protect land and other environmental resources in the face of a ... More


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