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If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory.... under the Fifth Amendment, occurs when there is no physical invasion of the affected property but the operation and maintenance of military jet aircraft on an Air Force Base of the United States produce noise, vibration, and smoke which interfere with the use and enjoyment of property.aquot;44 The ... The doctrinal situation , however, has not yet come to rest in New York, because Copart Industries, Inc. v .

Author: Richard Allen EPSTEIN, Richard Allen Epstein
Publisher:Harvard University Press - 2009-06-30

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