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Article: An end-run around the takings clause? The law and economics of Bivens actions for property rights violations.
- Article from:
- William and Mary Law Review
- Article date:
- April 1, 2009
- Author:
CopyrightCOPYRIGHT 2009 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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TABLE OF CONTENTS
INTRODUCTION
I.WHAT IS THE "EFFICIENT" RESULT?
A. Approach One: The Constitutional
Torts Approach
B. Approach Two: The Takings Clause Approach
C. The Superiority of the Constitutional
Torts Approach
II. THE COSTS AND BENEFITS OF BIVENS
A. Why Not Injunctive Relief?
B. The Economics of the Exceptions to Bivens
C. The Effect of Qualified Immunity
III. BIVENS IN ITERATED AND NON-ITERATED GAMES
A. A Game-theoretic Analysis of Federal
Land-use Disputes
B. Government as a One-time Transactional Actor
C. Government as a Repeat Transactional Actor
D. A Fourth ...
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