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Public Entrenchment through Private Law: Binding Local Governments
(University of chicago Law Review, 2011)
Anti-entrenchment rules prevent governments from passing unrepealable legislation and ensure that subsequent governments are free to revisit the policy choices of the past. However, governments — and local governments in ...
Disentangling Deregulatory Takings
(Virginia Law Review, 2000)
Constitutional takings protections, such as those in the Fifth Amendment of the United States Constitution, create a potential for state liability for changes in regulatory policy by governments. This Article critiques ...
Testing the Value of Eminent Domain
(Tulane Law Review, 2014)
In their article (Guarding the Subjective Premium), Sebastien Gay and Nadia Nasser-Ghodsi add some empirical evidence to the ongoing debate over compensation for eminent domain.' Their model raises a number of interesting ...