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Article
Taking Regulatory Takings Personally: The Perils of (Mis)Reasoning by Analogy
UF Law Faculty Publications
  • Michael Allan Wolf, University of Florida Levin College of Law
Document Type
Article
Publication Date
4-1-2000
Abstract
This Article includes four parts: (1) a defense of the real property/personal property distinction for a post-deconstructionist legal world, (2) a review of difficulties common law courts have encountered when applying real property concepts to disputes over money and personalty, (3) an exploration of the "rhetorical mismatch" typified by Justice Sandra Day O'Connor's opinion in Eastern Enterprises, and (4) a respectful request for judges to resist the temptation to collapse categories and instead to maintain, or even erect, meaningful distinctions.
Citation Information
Michael Allan Wolf, Taking Regulatory Takings Personally: The Perils of (Mis)Reasoning by Analogy, 51 Ala. L. Rev. 1355 (2000), available at http://scholarship.law.ufl.edu/facultypub/414