Now showing items 1-10 of 10
A Skeptical View of "Property Rights" Legislation
(The Berkeley Electronic Press, 2011)
The Ghost of the Declaration Present the Legal Force of the Declaration of the Independence Regarding Acts of Congress
(University of South California Law Center, 2016)
I distinguish three ways by which references to the Declaration of Independence might enter into American legal argument. In primary-legal mode, the Declaration ranks as supreme law beside or above the Constitution, setting ...
The Property Clause Question
A “property clause” is a dedicated text in the written basic law of a constitutional-democratic state, addressing the question of the security of asset-holdings (and of their values to their owners) against impairment by ...
The Unbearable Lightness of Tea Leaves: Constitutional Political Economy in Court
(The University of Texas Law Review, 2016)
This paper addresses the latest iteration by Joseph Fishkin and William Forbath of their project on the “Anti-Oligarchy Constitution,” sometimes also called by them the “Constitution of Opportunity.” Fishkin and Forbath ...
Good Government, Core Liberties, and Constitutional Property: An Essay for Joe Singer
(William and Mary Law School, 2016)
Joseph Singer’s recent writings on regulation and takings turn my mind once again to questions I have broached previously in this Journal about the point of American constitutional protections for property. Immediately, ...