
Contents
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Economic Development Takings Economic Development Takings
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Opening the Door for Interest Group Influence Opening the Door for Interest Group Influence
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Lack of Binding Obligations to Deliver the Promised Economic Benefits Lack of Binding Obligations to Deliver the Promised Economic Benefits
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Ignoring the Costs of Condemnation Ignoring the Costs of Condemnation
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Nonmonetary Costs of Economic Development Takings Nonmonetary Costs of Economic Development Takings
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Why the Danger of Interest Group “Capture” Is Unusually High Why the Danger of Interest Group “Capture” Is Unusually High
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Blight Takings Blight Takings
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Expansion of the Definition of Blight Expansion of the Definition of Blight
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Condemnations in Genuinely Blighted Neighborhoods Condemnations in Genuinely Blighted Neighborhoods
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The Holdout Problem The Holdout Problem
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Secret Assembly Secret Assembly
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Precommitment Strategies Precommitment Strategies
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Implications Implications
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Public Use and the Living Constitution Public Use and the Living Constitution
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Representation-Reinforcement Representation-Reinforcement
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Common Law Constitutionalism Common Law Constitutionalism
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Ronald Dworkin’s Moral Theory of Constitutional Interpretation Ronald Dworkin’s Moral Theory of Constitutional Interpretation
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Popular Constitutionalism Popular Constitutionalism
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Other Variants of Living Constitutionalism Other Variants of Living Constitutionalism
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Conclusion Conclusion
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Three The Perils of Public Purpose
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Published:November 2016
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Abstract
This chapter outlines the harms caused by blight and economic development takings enabled by the court’s endorsement of the broad definition of public use. Such takings often destroy more economic value than they create. Since the 1940s, they have forcibly displaced hundreds of thousands of people, often victimizing the poor, racial minorities, and those with little political influence. The terrible effects of blight and economic development takings strengthen the case for interpreting the Fifth Amendment to ban them under a variety of “living constitution” theories of constitutional interpretation. These include representation-reinforcement theory (which emphasizes the need for judicial intervention to protect groups that cannot fend for themselves in the political process), popular constitutionalism, common law constitutionalism, and Ronald Dworkin’s moral theory of interpretation.
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