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Regulatory takings : law, economics, and politics / William A. Fischel.
Author
Fischel, William A.
[Browse]
Format
Book
Language
English
Published/Created
Cambridge, Mass. : Harvard University Press, 1995.
Description
xi, 415 pages ; 24 cm
Availability
Copies in the Library
Location
Call Number
Status
Location Service
Notes
Firestone Library - Stacks
KF5698 .F573 1995
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Details
Subject(s)
Land use
—
Law and legislation
—
United States
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Right of property
—
United States
[Browse]
Eminent domain
—
Economic aspects
—
United States
[Browse]
Police power
—
Economic aspects
—
United States
[Browse]
Land use
—
Law and legislation
—
California
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Eminent domain
—
California
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Summary note
Regulatory Takings argues that the issue is not so much about the details of property law as it is about the fairness of politics and the capacity of the courts to protect property interests. William Fischel demonstrates that property is often protected by nonjudicial means. Local governments are deterred from unfairly regulating portable assets by their owners' threat of "exit" from the jurisdiction. State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress. Constitutional courts need to preserve their resources for use in areas in which politics is loaded against the property owner. Zoning and rent controls, which often promote the interests of a majority of local residents at the expense of unrepresented outsiders, require closer judicial scrutiny than national laws such as the Endangered Species Act. Regulatory Takings advances an economic standard to decide when a local regulation crosses the line from legitimate police power to a taking that requires just compensation for owners who are adversely affected. Regulatory Takings goes beyond case law and jurisprudential theories to buttress its arguments. It employs economic and political analysis, historical investigations, and statistical studies to make a case for judicial federalism
Bibliographic references
Includes bibliographical references (p. 377-406) and index.
Contents
1. Of Coase and Coal: Regulatory Takings in the U.S. Supreme Court
2. Eminent Domain's Democratic Origins and Economic Cycles
3. Constitutional Law, Process Theory, and Democratic Commitment
4. The Economic-Utilitarian Theories of Michelman and Epstein
5. Rational Expectations and Contractarian Conventions
6. Capitalizing on Land Use Regulation: Evidence from California
7. Zoning, Capitalization, and the Efficiency of Local Government
8. How Exit and Voice Discipline Governmental Excess
9. Remedies for Unfair Land Use Restrictions and Exactions.
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ISBN
0674753887 ((acid-free paper))
9780674753884 ((acid-free paper))
LCCN
95001361
OCLC
31865559
Other standard number
ZBWT00692005
Statement on language in description
Princeton University Library aims to describe library materials in a manner that is respectful to the individuals and communities who create, use, and are represented in the collections we manage.
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Regulatory takings : law, economics, and politics / William A. Fischel.
id
SCSB-8568273
Regulatory takings : law, economics, and politics / William A. Fischel.
id
SCSB-3273624