Liability rules for constitutional rights: the case of mass detentions.(takings clause approach to nonproperty rights) From: Stanford Law Review | Date: February 1, 2004| Author: | COPYRIGHT 2004 Stanford Law School. 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) Copyright information

INTRODUCTION

I. THE CONSTITUTIONAL CATHEDRAL 
   A. Liability and Property Rules 
      1. Rights and remedies distinguished 
      2. Centrality of transaction costs 
      3. Unified framework of analysis 
   B. Pliability Rules 
   C. IS CONSTITUTIONAL LAW OUTSIDE THE CATHEDRAL? 
      1. Incommensurability 
      2. Resentment and demoralization costs 
      3. Government as imperfect agent 
      4. Rules versus standards 
II. PLIABILITY RULES FOR MASS DETENTIONS 
    A. Judicial Tolerance of Mass Detentions 
       1. Deference 
       2. Delay and abstention 
    B. ...

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