"The foundation of our 'regulatory takings' jurisprudence": the myth and meaning of Justice Holmes's opinion in Pennsylvania Coal Co. v. Mahon.

From: Yale Law Journal | Date: December 1, 1996| Author: Brauneis, Robert | Copyright information

CONTENTS

I. THE JURISPRUDENCE OF THE HOLMES OPINION IN MAHON 619 A. A Noncategorical Historical Framework for Constitutional Property Rights: Framing the Question Presented 621 1. The Alternatives Holmes Rejected 624 2. Holmes's Reasons for Embracing a Noncategorical Historical Approach 631 a. Law as Jurisdictionally Regularized Coercion 632 b....

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