Bills of Attainder and the Formation of American Takings Law at the Founding of the Republic
Campbell Law Review, 32 2: 227-284
Posted: 27 Jun 2015
Date Written: 2010
Abstract
Takings in America have been studied and debated for decades, and the starting point for discussion is almost always the Fifth Amendment. Surprisingly little has been said about takings protections within the body of the Constitution. This article seeks to rectify this oversight. More specifically, it discusses how the ban on bills of attainment in the Constitution is a significant takings protection separate from the Fifth Amendment.
JEL Classification: K00
Suggested Citation: Suggested Citation
Ostler, Duane, Bills of Attainder and the Formation of American Takings Law at the Founding of the Republic (2010). Campbell Law Review, 32 2: 227-284, Available at SSRN: https://ssrn.com/abstract=2622819
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