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Taking Property and Just Compensation

Law and Economics Perspectives of the Takings Issue

  • Book
  • © 1992

Overview

Editors:
  1. Nicholas Mercuro

    1. University of New Orleans, USA

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Part of the book series: Recent Economic Thought (RETH, volume 26)

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Table of contents (7 chapters)

  1. Front Matter

    Pages i-ix
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  2. The Takings Issue: A Continuing Dilemma in Law and Economics

    • Nicholas Mercuro
    Pages 1-23

  3. Regulatory Takings: Policy Analysis and Democratic Principles

    • Susan Rose-Ackerman
    Pages 25-44

  4. Making Choices and Making Law: An Institutional Perspective on the Takings Issue

    • Steven G. Medema
    Pages 45-77

  5. The Supreme Court and Takings Judgments: Constitutional Political Economy Versus Public Choice

    • Charles K. Rowley
    Pages 79-124

  6. The Dilemmas of Property and Sovereignty in the Postmodern Era: New Solutions for the Regulatory Takings Problem

    • Gary Minda
    Pages 125-161

  7. The Public use of Private Property: A Dual-Constraint Theory of Efficient Governmental Takings

    • Thomas S. Ulen
    Pages 163-198

  8. A Classical Liberal Critique of Takings Law: A Struggle Between Individualist and Communitarian Norms

    • Robin Paul Malloy
    Pages 199-218

  9. Back Matter

    Pages 219-223
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Keywords

About this book

While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue.
To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.

Editors and Affiliations

  • University of New Orleans, USA

    Nicholas Mercuro

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