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Article: Intangible property under the Federal mail fraud statute and the Takings Clause: a case study.
- Article from:
- Duke Law Journal
- Article date:
- November 1, 2000
- Author:
CopyrightCOPYRIGHT 2000 Duke University, 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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At first blush, the reader might wonder what the federal mail fraud statute(1) (or, more generally, federal criminal law) and the Takings Clause(2) have in common. Surprisingly, perhaps, the most notable commonality is that many court decisions have hinged on how the court viewed property. Of course, in one regime, a taking of property can land one in jail, whereas in the other, a taking of property can result in compensation from the government. I believe such different results, hinging on the same concept, offer sufficient grist to justify this investigation
At the broadest level, this Note asks whether the concept of property has remained unified or has become ...