Taking Regulatory Takings Personally: The Perils of (Mis)Reasoning by Analogy
26 Pages Posted: 15 May 2010
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: Suggested Citation