Abstract

http://ssrn.com/abstract=1338825
 
 

Footnotes (41)



 


 



Supreme Neglect


William Michael Treanor


Georgetown University Law Center


Michigan Law Review, Vol. 107, 2009
Fordham Law Legal Studies Research Paper No. 1338825

Abstract:     
In Supreme Neglect, Professor Richard Epstein has produced a clear and elegant synthesis for the general reader of his lifetime of thinking about the Takings Clause and, more broadly, about the role of property in our constitutional system. Appealing to both history and constitutional text, Epstein argues that the Takings Clause bars government regulations that diminish the value of private property (with the exception of a highly constrained category of police power regulations). This essay shows that neither the text of the clause nor original understanding support Epstein's broad doctrine of regulatory takings. Indeed, both text and the early history of the clause indicate that the clause did not apply to regulations at all; it applied only to physical seizures by the government- situations where the government physically take[s] property by, for example, building a road or a school on it.

Number of Pages in PDF File: 26

Keywords: Takings Clause, Eminent Domain

Accepted Paper Series


Download This Paper

Date posted: February 7, 2009  

Suggested Citation

Treanor, William Michael, Supreme Neglect. Michigan Law Review, Vol. 107, 2009; Fordham Law Legal Studies Research Paper No. 1338825. Available at SSRN: http://ssrn.com/abstract=1338825

Contact Information

William Michael Treanor (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9030 (Phone)
HOME PAGE: http://www.law.georgetown.edu/faculty/treanor-william-m.cfm
Feedback to SSRN


Paper statistics
Abstract Views: 572
Downloads: 99
Download Rank: 158,554
Footnotes:  41

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.625 seconds