Coase-Sandor Working Paper Series in Law and Economics
Publication Date
2012
Publication Title
Law & Economics Working Papers
Abstract
Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task of finding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.
Number
595
Recommended Citation
Lee Anne Fennell, "Picturing Takings" (Coase-Sandor Institute for Law & Economics Working Paper No. 595, 2012).
Additional Information
Chicago Unbound includes both works in progress and final versions of articles. Please be aware that a more recent version of this article may be available on Chicago Unbound, SSRN or elsewhere.