A Hobbesian Bundle of Lockean Sticks: The Property Rights Legacy of Justice Scalia

31 Pages Posted: 25 May 2017

See all articles by J. Peter Byrne

J. Peter Byrne

Georgetown University Law Center

Date Written: 2017

Abstract

No modern United States Supreme Court Justice has stimulated more thought and debate about the constitutional meaning of property than Antonin Scalia. This essay evaluates his efforts to change the prevailing interpretation of the Takings Clause. Scalia sought to ground it in clear rules embodying a reactionary defense of private owners’ prerogatives against environmental and land use regulation. Ultimately, Scalia aimed to authorize federal judicial oversight of state property law developments, whether through legislative or judicial innovation. In hindsight, he stands in a long tradition of conservative judges using property law as a constitutional baseline by which to restrain regulation.

Keywords: takings, property, Scalia

JEL Classification: K11

Suggested Citation

Byrne, J. Peter, A Hobbesian Bundle of Lockean Sticks: The Property Rights Legacy of Justice Scalia (2017). 41 Vt. L. Rev. 733 (2017), Available at SSRN: https://ssrn.com/abstract=2973238

J. Peter Byrne (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
(202)662-9066 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
55
Abstract Views
500
rank
498,806
PlumX Metrics