Conventionally understood, regulatory takings doctrine protects property owners from significant, adverse changes in the law. The paradigmatic example of a regulatory taking …
GRANDFATHERING AND ENVIRONMENTAL REGULATION: THE LAW AND ECONOMICS OF NEW SOURCE REVIEW Page 1 Copyright 2007 by Northwestern University School of Law Printed in USA …
Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference …
Existing uses occupy a special place in property law. A use, once established, is imbued with an expectation that it may continue to exist, even in the face of regulatory change. Once …
In the ancient tale of his journey home, Ulysses hears of an island of Sirens whose sweet songs lure men to their deaths. 1 To pre-empt his future self from succumbing to the …
Traditional perceptions of tax exceptionalism from administrativelaw doctrines and requirements have been predicated at least in part on the importance of the tax code's …
Precedent occupies an intriguing place in American legal discourse. The prospect of deference to past decisions, even decisions that are dubious or erroneous, has spawned its …
Horizontal equity is the principle that people who earn equal income should owe equal tax. It has gotten a bad name. Although horizontal equity remains a textbook criterion oftax …