Panel 1: The State of Regulatory Takings Jurisprudence
Since the regulatory takings doctrine first emerged almost 100 years ago, it has been analyzed, probed, and debated by many. Despite the years of debate, the Supreme Court still faces significant questions about the scope and meaning of the doctrine. From the issue of the choice of denominator, to the role of economic impact and investment-backed expectations, the wisdom of an ad hoc versus per se approach, and the doctrine’s very constitutionality, the Court still has not clearly resolved fundamental questions about the doctrine. One of the nation’s leading property rights scholars, Steven Eagle has devoted years to analyzing the complex field of regulatory takings. Using Eagle’s work as a springboard, Panel 1 will discuss the current state of regulatory takings jurisprudence.
2019 Brigham-Kanner Property Rights Conference
William & Mary Law School
Eagle, Steven J.; Butler, Lynda L.; Burling, James S.; Callies, David L.; and Merrill, Thomas W., "Panel 1: The State of Regulatory Takings Jurisprudence" (2019). Video Archive. Video 148.