Planning Without Prices: The Taking Clause As It Relates to Land Use Regulation Without Compensation [Review of book edited by Bernard H. Siegan]

This volume presents a series of papers delivered in 1975 at a conference entitled The Taking Issue: An Economic Analysis. It is prefaced with an essay by Professor B. H. Siegan, the chairperson of the conference. The central paper, by M. Bruce Johnson, decries the present practice of land use regulation without compensation as Planning Without Prices. Several distinguished commentators, both legal and economic, comment on Johnson\u27s position. This review will examine some of the major topics discussed in the volume and raise a few objections to its analysis

Goldstein v. California: Sound, Fury, and Significance

Some cases in the Supreme Court involve controversies of enormous immediate importance with little potential for effecting doctrinal constitutional change. Other cases seem of minimal moment, but call into question basic doctrinal issues whose resolution might have broad and serious effects. Goldstein v. California falls into the second category. The obvious and dramatic limitation that Goldstein places on the scope of the Copyright Act may have obscured its more subtle revisions of constitutional doctrine in other areas. For Goldstein not only defines the spheres of federal and state competence for copyright legislation; it also reinterprets precedents on preemption and supremacy principles that forebode substantial revision of these basic areas.https://commons.law.famu.edu/faculty-books/1025/thumbnail.jp

Water Follies: Groundwater Pumping and the Fate of America\u27s Fresh Waters [Review of book by Robert Glennon]

This is a fun book to read. Most books of this genre decry a serious environmental problem and seek to influence a particular legal response to it. Those books tend to be long on details and heavy-handed in their advocacy. Many operate on the premise that the solution being presented requires an active effort at persuasion to convince the reader of the proposal\u27s worth. This book is better: it tells fascinating stories, weaves together a series of poignant vignettes, and guides the reader to the desired conclusion implied by the book\u27s title-America\u27s water law in relation to groundwater pumping is sheer folly