This Article proposes a fair return model for the takings clause. This conception of the clause has been an operating principle of welfare capitalism for decades. The Article rejects the model of laissez faire capitalism that once dominated the landscape of the nation's constitutional system and may come back again.
Clarke, Charles H.
"Private Property, The Takings Clause and the Pursuit of Market Gain,"
Akron Law Review: Vol. 25
, Article 1.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol25/iss1/1