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The concept of property and the takings clause

By Leif Wenar


Leif Wenar examines the impact on takings scholarship of the redefinition of\ud "property" early in the twentieth century. He argues that the Hohfeldian\ud characterization of property as rights (instead of as tangible things) forced\ud major scholars such as Michelman, Sax, and Epstein into extreme interpretations\ud of the Takings Clause. This extremism is unnecessary, however, since the\ud original objections to the idea that "property is things" are mistaken

Year: 1997
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