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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


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


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


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


Land and the Concept of Private Property

John M. Meyer

in Engaging the Everyday: Environmental Social Criticism and the Resonance Dilemma

Published in print:
2015
Published Online:
September 2015
ISBN:
9780262028905
eISBN:
9780262327107
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028905.003.0005
Subject:
Environmental Science, Environmental Studies

An absolutist concept of property has the power to shape and constrain the public imagination. Libertarian theorists normatively embrace this concept. Yet its influence extends far beyond these ... 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


Mountains and Sea

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/9780190467302.003.0008
Subject:
History, American History: 20th Century, Political History

The Reagan era proved difficult for conservative public-interest foundations, which lost key legal talent to the administration and struggled to maintain the same level of fundraising without a ... More


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