Document Type
Article
Publication Date
10-2000
Journal Title
Michigan Law Review
ISSN
0026-2234
Abstract
In a recent article, Professor Hanoch Dagan argues that courts should incorporate the principle of distributive justice into their decisions as to whether a particular property owner should receive compensation in response to a government-imposed redistribution of property. To that end, he proposes a concept called "progressive" compensation that he believes will better serve distributive justice than present doctrine while at the same time improving the efficiency of governmental decision-making. This Essay questions key aspects of Professor Dagan's analysis, proposes as an alternative a uniform few-many rule for resolving takings issues. If funded through progressive taxation, such a rule would better address both the efficiency and the distributive justice concerns associated with government redistributions of private property.
First Page
157
Last Page
182
Volume Number
99
Issue Number
1
Publisher
University of Michigan Law School
Recommended Citation
Glynn S. Lunney Jr,
Takings, Efficiency, and Distributive Justice: A Response to Professor Dagan,
99
Mich. L. Rev.
157
(2000).
Available at:
https://scholarship.law.tamu.edu/facscholar/469