Takings, exclusivity and speech: the legacy of PruneYard v. Robins
Article Abstract:
The US Supreme Court's unsuccessful attempt to balance property rights and free speech rights in PruneYard Shopping Center v. Robins demonstrates the incoherence in current Takings Clause jurisprudence. The Court clearly stated in Kaiser Aetna v. United States that the right to exclude was a fundamental component of property rights and that denying the right to exclude was a compensable taking. In PruneYard, the Court found that protesters had a right to access the private shopping center but did not find that the protesters or the government had any compensatory obligation.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1997
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Property, speech, and the politics of distrust
Article Abstract:
Property rights should be treated similarly to free speech rights. In both cases, government interference should be subjected to a presumption of distrust. State actions that violate property or speech rights must be justified by some compelling state interest. Beyond controlling private force or fraud, the only justifiable limit on property rights is redistribution of income from rich to poor through general revenue taxes. The judicial interpretation of the Takings Clause has allowed the government to interfere too much with property rights.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
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Law and economics: its glorious past and cloudy future
Article Abstract:
The discipline of Law and Economics which survived theoretical problems in its first two decades faces a bleak future if a new direction is not taken. The infusion of economic theory into legal theory and practice was so well accomplished in the 1960s, 1970s, and 1980s that there is little left to be examined in the areas of theory and doctrine. Law and Economics may survive another generation if it expands into the social and historical analyses of specific institutions such as telecommunications and insurance.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1997
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