Takings legislation: a comment
Article Abstract:
Targeted compensation legislation should be favored over takings-assessment legislation by property-rights proponents. The takings-assessment approach calls on regulatory agencies to evaluate takings implications of their actions, but this approach raises enforcement problems. Compensation legislation should be aimed at regulatory programs with the most potential for abuse. A loser-pays provision for attorneys' fees should be included. Compensation should not be based on a percentage threshold, but should apply to reduction in value that results from a ban on land uses that are normal or have externalities that are not worse than normal.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1996
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The untenable case for an unconditional right to shelter
Article Abstract:
Those who advocate recognition of an unconditional right to shelter fail to consider society's need to maintain incentives to work. Federal and state constitutions give citizens the right to self-ownership of labor and the right to receive schooling. These provisions create incentives to work, which would be undermined by an unconditional right to shelter. Besides, housing conditions are not better in nations which recognize rights to shelter than in the US. Any shift toward unconditional welfare rights should be rejected.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
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The market for "law-and" scholarship
Article Abstract:
Negative criticism of the increase in and large amount of literature produced by law and economics and other disciplines joined with the study of law is misplaced. The joining of law with other disciplines is valuable from academic and practical standpoints. Market demands such as those emanating from clients of the legal profession and hiring committees of universities can check academic overindulgence.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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