Takings Law Made Hard

Regulation, Winter 2009-2010

5 Pages Posted: 13 Jan 2010

See all articles by Richard A. Epstein

Richard A. Epstein

New York University School of Law; Stanford University - Hoover Institution on War, Revolution and Peace; University of Chicago - Law School

Date Written: January 11, 2010


The novel opinion of Ninth Circuit Judge Jay Bybee in Guggenheim v. City of Goleta could threaten the tortured jurisprudence that has protected regulatory takings and other property rights infringements from Fifth Amendment challenges. This article describes that jurisprudence, explains the economic and legal thinking underlying Judge Bybee’s opinion, and identifies a number of technical deficiencies with his opinion. The Supreme Court will likely take up an appeal of Judge Bybee’s opinion; hopefully it will use that opportunity to correct the Court’s many errors that have eroded property rights.

Suggested Citation

Epstein, Richard A., Takings Law Made Hard (January 11, 2010). Regulation, Winter 2009-2010. Available at SSRN: https://ssrn.com/abstract=1534693

Richard A. Epstein (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012
United States
(212) 992-8858 (Phone)
(212) 995-4894 (Fax)

Stanford University - Hoover Institution on War, Revolution and Peace

Stanford, CA 94305-6010
United States

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States
773-702-9563 (Phone)
773-702-0730 (Fax)

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