Taking back takings: a Coasean approach to regulation

Article Abstract:

The concept that regulatory takings require government compensation is derived from questionable premises. The history of the Takings Clause shows that property prices reflect the risk of uncompensated regulation and that compensation amounts to an unfair windfall for property owners. Regulatory police power should be thought of as an alienable servitude. The Coase theorem suggests that efficiency could be increased by allowing sales of exemptions from use restrictions.

Analysis, Usage, Regulatory taking (Law), Coase theorem

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An expectations approach to client identity

Article Abstract:

An attorney representing a corporation is clearly regarded as representing the entity rather than any individuals, but the situation is less clear for other types of entities such as close corporations. Courts apply the 'reasonable constituent's expectation approach,' which can be used by attorneys to resolve similar client identity issues. The approach encourages attorney disclosure in advance, which should help to prevent misunderstandings.

Social aspects, Practice of law, Attorney and client

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It's my privilege and I'll assert it if I want to: the attorney-client privilege in closely-held corporations

Article Abstract:

Courts should apply a fact-specific methodology when considering issues arising from attorney-client privileges within the closely-held corporation. The closely-held corporation sufficiently resembles a partnership that the courts should use a similarly flexible approach to the close corporation. A strict judicial doctrine towards the attorney-client privilege may encourage manipulative use of the privilege.

United States, Confidential communications, Attorney-client privilege

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