Michigan Law Review
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.
University of Michigan Law School
Glynn S. Lunney Jr,
Takings, Efficiency, and Distributive Justice: A Response to Professor Dagan,
Mich. L. Rev.
Available at: https://scholarship.law.tamu.edu/facscholar/469