Taking Regulatory Takings Personally: The Perils of (Mis)Reasoning by Analogy

26 Pages Posted: 15 May 2010

See all articles by Michael Allan Wolf

Michael Allan Wolf

University of Florida Levin College of Law

Date Written: 2000

Abstract

This Article includes four parts: (1) a defense of the real property/personal property distinction for a post-deconstructionist legal world,'' (2) a review of difficulties common law courts have encountered when applying real property concepts to disputes over money and personalty, (3) an exploration of the "rhetorical mismatch" typified by Justice Sandra Day O'Connor's opinion in Eastern Enterprises, and (4) a respectful request for judges to resist the temptation to collapse categories and instead to maintain, or even erect, meaningful distinctions.

Keywords: regulatory taking, personal property, real property

JEL Classification: K11

Suggested Citation

Wolf, Michael Allan, Taking Regulatory Takings Personally: The Perils of (Mis)Reasoning by Analogy (2000). Alabama Law Review, Vol. 51, No. 3, pp. 1355-1379, 2000, Available at SSRN: https://ssrn.com/abstract=1607008

Michael Allan Wolf (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States
352-273-0934 (Phone)

HOME PAGE: http://www.law.ufl.edu/faculty/wolf/

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