Course Number
757
Credits
2
JD Graduation Requirements
This course typically satisfies all or some of the following JD graduation requirements:- Writing
The Takings Doctrine
The Takings Clause of the Fifth Amendment governs two enormously controversial topics in Constitutional case 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." Increasingly, and to a degree unusual in Constitutional jurisprudence, the Supreme Court has turned to history in deciding Takings Clause cases; it has consulted evidence of the original intent of the Takings Clause, the original understanding of property rights generally, the history of eminent domain and of land use controls reaching back to the colonial era, and the early history of its own takings case law. In this seminar we will critically evaluate the Court's use of such historical evidence so far, and also examine other historical evidence that might be used to argue new issues reaching the Court or to challenge seemingly settled points of takings doctrine.
Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.
Sections/Instructors
John F. Hart
The Takings Doctrine 757.01
Spring 2013
E-mail List • Sakai Site
John F. Hart
The Takings Doctrine 757.01
Fall 2011
E-mail List • Blackboard Site
John F. Hart
The Takings Doctrine 757.01
Fall 2010
E-mail List • Blackboard Site
John F. Hart
The Takings Doctrine 757.01
Fall 2009
E-mail List • Blackboard Site
John F. Hart
The Takings Doctrine 757.01
Fall 2008
E-mail List • Blackboard Site
John F. Hart
The Takings Doctrine 757.01
Fall 2007
E-mail List • Blackboard Site
John F. Hart
The Takings Doctrine 757.01
Fall 2006
John F. Hart
The Takings Doctrine 757.01
Fall 2005