The lie that regulated benefit

Article Abstract:

Dartmouth Professor William A. Fischel's new book 'Regulatory Takings: Law, Economics and Politics' talks about the Pennsylvania Coal ruling on regulatory takings. The book also speaks about the land use law phrase 'average reciprocity of advantage' holding that the bad points of land use law regulation are on the average balanced by its good points. In the Pennsylvania Coal case, requiring coal mine owners to leave large blocks of coal at the periphery of coal mines prevented adjoining mines from collapsing. This reasoning cannot, however, be used to prohibit all mining and the average reciprocity of advantage rule can be shown not to make sense in other cases.

California, Land use

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Justice Brennan's grand conservative moment

Article Abstract:

Liberal Supreme Court Justice William J. Brennan displayed well-reasoned conservative thinking in his dissent in the 1981 San Diego Gas case, a regulatory takings matter. Brennan said just compensation was mandated in regulatory takings, based on his reading of the Constitution, and the rest of the Court ultimately agreed in a subsequent case. Brennan's conservative position represented the viewpoint of the majority and Chief Justice William Rehnquist on property rights, even though the San Diego case itself was dismissed on other grounds.

Analysis, Beliefs, opinions and attitudes, Eminent domain (Law), Conservatism

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Mr. Justice Brennan: his imprint will endure

Article Abstract:

Supreme Court Justice William J. Brennan was an amiable man who had been at the center in Earl Warren's Supreme Court, but later found himself ideologically at odds with Warren Burger. He believed in equal rights, human dignity, and due process. He dissented more heavily in the 1980s than in his early days on the court. He was sought-after as a speaker because of his vibrant and fresh ideas and insights into the law.

Judges, Appreciation, Influence

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