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Constitutional Law, Adv Topics (Fall 2008)

Catalog #: 7940 Section: 01 Credits (Min/Max): 3/3 Satisfy UCWR? No
Class #: 12120 Location: ST7 Day/Time: Thursday 09:30-12:30
Instructor: Abraham Bell Course Type: Seminar Enrollment Status: Open Limit: 18
Final Exam: No Exam Tentative Final Exam: Grading Basis: Graded
Subject(s):
Constitutional Law; Property and Land Use Law
Description:
Very few government powers captivate the imagination as much as the government power to take private property, known as eminent domain. The seminar will discuss theories justifying and opposing eminent domain, the constitutional and doctrinal limitations on this power and the alternatives to it. The seminar will pay specific attention to the Constitutional provisos of 'public use' and 'just compensation' and the recent Supreme Court decisions on takings. In addition, the seminar will address the government powers to zone and tax property owners and analyze the symbiotic interaction between those powers and eminent domain. Finally, it will address the possibility of formulizing a legal regime to deal with 'givings'-- government bestowals of property benefits. A paper and perhaps an oral presentation will be required.

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