The Takings Clause of the Fifth Amendment governs two enormously controversial topics in Constitutional law: overt physical takings of private land for "public use," and regulations of private property, for a variety of public purposes ranging from species protection to historical preservation, that give rise to "regulatory takings." This three credit writing seminar will explore the legal, political, and economic issues raised by these two topics. We will begin with the Supreme Court cases defining the scope of governmental authority to take property for public use and the States' responses to those cases. We will then explore the Supreme Court's regulatory takings cases. Our inquiry will include political and scholarly responses to these issues and to the Supreme Court's decisions. Students will be required to write a scholarly analytic paper on a takings related topic, and to present their paper (orally) to the class followed by a period for questions and comments
Blais, Lynn E.