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Takings & Just Compensation

LAW 550-01 Takings and Just Compensation Seminar 3 credits
An exploration of both age-old and modern takings and just compensation law questions. We will consider the age old issues of: drawing the line between taxation and takings; drawing the line between governmental torts and takings; creating private powers of eminent domain; defining the contours of the "public purpose" requirement; and determining the extent to which the state can waive its power to take property. The modern topics will include: deciding what components of an individual¹s wealth define the "denominator" in deciding whether a government taking of one piece invokes the just compensation requirement; assessing the wisdom of recently enacted statutes widening property owners¹ right to compensation; and applying the social sciences in novel ways as tools for evaluating alternative rules of eminent domain law. Satisfies the Writing Requirement.

Optionally satisfies the writing requirement.

 

Foundational:

Federal Courts

Supporting:

Administrative Law
Campaign Finance
Comparative Constitutional Systems
Comparative Law
Constitutional Tort Litigation
Education Law
Election Law*
Federalist Papers*
First Amendment
Fourth Amendment Theory and Practice
Law and Religion*
Legislative Process
Property Rights
Takings & Just Compensation*

*courses not offered every year