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Academic

: Legal Theory Blog

Epstein on Guggenheim v. City of Goleta

By Lawrence Solum

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Richard A. Epstein (University of Chicago - Law School) has posted Takings Law Made Hard (Regulation, Winter 2009-2010) on SSRN. Here is the abstract:
    The novel opinion of Ninth Circuit Judge Jay Bybee in Guggenheim v. City of Goleta could threaten the tortured jurisprudence that has protected regulatory takings and other property rights infringements from Fifth Amendment challenges. This article describes that jurisprudence, explains the economic and legal thinking underlying Judge Bybee?s opinion, and identifies a number of technical deficiencies with his opinion. The Supreme Court will likely take up an appeal of Judge Bybee?s opinion; hopefully it will use that opportunity to correct the Court?s many errors that have eroded property rights.

Full post as published by Legal Theory Blog on January 15, 2010 (boomark / email).

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