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- Title
AN END-RUN AROUND THE TAKINGS CLAUSE? THE LAW AND ECONOMICS OF BIVENS ACTIONS FOR PROPERTY RIGHTS VIOLATIONS.
- Authors
Sura, Arpan A.
- Abstract
The article explores the Bivens action in property rights cases in the U.S. It notes that pursuing money over federal official is permitted to victims of unconstitutional harm, even if Congress did not authorize damage remediation under Biven mechanism. Moreover, alternative for Bivens action can increased negative influence to unconstitutional federal land use policies. It suggests that Bivens actions is efficient of landowner cannot go after other monetary remedies.
- Subjects
UNITED States; ACTIONS &; defenses (Law); PROPERTY rights; PROPERTY damage; LEGAL remedies; LAND use laws; BIVENS v. Six Unknown Named Agents of Federal Bureau of Narcotics (Supreme Court case)
- Publication
William & Mary Law Review, 2009, Vol 50, Issue 5, p1739
- ISSN
0043-5589
- Publication type
Article