The Hidden Function of Takings Compensation

The Hidden Function of Takings Compensation

Regulatory Takings , Public Use , and Just Compensation After Brown

This Article analyzes the potential impact on government regulation of private property rights of the U.S. Supreme Court’s recent decision in Brown v. Legal Foundation of Washington. That case upheld mandatory Interest on Lawyers’ Trust Accounts (IOLTA) programs. While Brown ensures continued funding for legal services for lowand moderate-income persons, it is difficult to reconcile with the Co...

Pluralism and Regulatory Failure: When Should Takings Trigger Compensation?

The paper evaluates the desirability of compensation for regulatory takings. To do so, we describe a public choice model in which regulators' decisions are influenced by competing political interests. We consider how the political incentives of landowners, environmentalists, and taxpayers are affected by alternative compensation rules and in turn describe the regulatory decisions made in such a...

Benefiting from the Function of Hidden Curriculum in the Development of Critical Thinking among University Students

The most fundamental move to enhance the quality of critical thinking in students is the improvement of motivation to think, as the key to success in life and study. This is because acquiring the skills involved in critical thinking, in the process of official curriculum, cannot guarantee the development of these skills, and consequently, their application in different situations. Therefore, on...

The Complexities of Judicial Takings

When (if ever) a judicial action can be an unconstitutional taking of private property has long been an open question in American constitutional law. Nested within this larger question are a host of detailed issues concerning both substance and procedure. Despite passing references in some cases, and a more direct discussion in one concurring opinion, the Supreme Court of the United States—unti...