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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


Natural Resources in the Case Law of the International Court

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0048
Subject:
Law, Public International Law

This chapter deals with the work of the International Court of Justice (CJ), and of its predecessor, the Permanent Court of International Justice, as it relates to the development of the law of ... More


Higher-Order Liability Rules

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0005
Subject:
Economics and Finance, Econometrics

This chapter analyzes higher-order liability rules that allow a series of reciprocal takings by the litigants. It shows that second-order liability rules (sometimes also referred to as “unconstrained ... More


Multiple Takings

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0007
Subject:
Economics and Finance, Econometrics

Liability rules applied to tangible legal entitlements might give rise to problems of reciprocal takings in which a plaintiff and defendant engage in a protracted (and potentially endless) series of ... More


Relaxing Other (Administrative, Informational, and Cognitive) Assumptions

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0008
Subject:
Economics and Finance, Econometrics

Real-world non-consensual takings may impose costs—real social costs—not just of administration (in courts calculating the damages and private parties litigating a dispute), but also in terms of what ... More


Rural Land Rights in China

Roy Prosterman

in Law and Economics with Chinese Characteristics: Institutions for Promoting Development in the Twenty-First Century

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199698547
eISBN:
9780191745522
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698547.003.0008
Subject:
Economics and Finance, South and East Asia, Macro- and Monetary Economics

Most of China’s people remain rural and significantly dependent on agriculture for their livelihood. Decollectivization in 1979-84 led to large production increases and a massive decline in poverty. ... More


Private Property and Public Welfare

Alan Brudner

in Philosophical Foundations of Property Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199673582
eISBN:
9780191751721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673582.003.0004
Subject:
Law, Philosophy of Law, Company and Commercial Law

This chapter argues that Hegel’s theory of the relation between property and the state understands the Fifth Amendment’s takings clause. The chapter is organized as follows. Sections 2 and 3 expound ... More


Private Property and Public Power: Eminent Domain in Philadelphia

Debbie Becher

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199322541
eISBN:
9780199394746
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199322541.001.0001
Subject:
Sociology, Economic Sociology, Politics, Social Movements and Social Change

This book explores the legitimacy of government involvement in private economic actions by presenting a study of property takings. It explores which properties Philadelphia pursued for private ... More


John Locke: “This Habitable Earth of Ours”

Zev Trachtenberg

in Engaging Nature: Environmentalism and the Political Theory Canon

Published in print:
2015
Published Online:
January 2017
ISBN:
9780262028059
eISBN:
9780262325264
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028059.003.0006
Subject:
Environmental Science, Environmental Studies

Zev Trachtenberg challenges standard readings that John Locke sanctions the more or less unlimited exploitation of nature and a very strong conception of property rights. Though Locke should not be ... More


To the Slaughterhouse

Jefferson Decker

in The Other Rights Revolution: Conservative Lawyers and the Remaking of American Government

Published in print:
2016
Published Online:
September 2016
ISBN:
9780190467302
eISBN:
9780190600587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190467302.003.0009
Subject:
History, American History: 20th Century, Political History

Ronald Reagan’s second term in office began with big ambitions but was plagued by scandal and mismanagement. Veterans of conservative legal groups working for the administration experienced these ... More


Epstein, Holmes, and Regulatory Takings Jurisprudence

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0005
Subject:
Law, Constitutional and Administrative Law

Chapter 4 investigates the issue of “regulatory takings” through an investigation of Oliver Wendell Holmes’ foundational case, Pennsylvania Coal Co. v. Mahon, Antonin Scalia’s Lucas v. South Carolina ... More


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