Of mice and missiles: An Austrian School economic appraisal of Lucas v South Carolina Coastal Commission

This paper argues that to maximize the utility of society, a legal system must precisely define and strictly enforce property rights; Chapter I provides a theoretical economic framework by which various policy and judicial decisions affecting property rights can be considered; Chapter II examines the proper role for a legal system as well as the historical and United States Constitutional respect for property rights. Secondly, the devolution of this earlier respect for property rights is discussed by examining case decisions which tolerate to a greater degree, force with respect to physical property. Finally, the notion of the regulatory taking is considered; Chapter III looks more specifically at a recent regulatory "takings" case heard by the U.S. Supreme Court; Lucas v. South Carolina Coastal Commission. It is discussed using the economic tools of analysis presented in Chapter I with references to the legal case history addressed in Chapter II.

Name thesis:degree_name

Master of Arts (MA)

Level thesis:degree_level

Thesis

Discipline thesis:degree_discipline

Economics

Grantor dc:publisher

University of Nevada, Las Vegas

Year

1993

Author dc:creator

• Becker, Joseph Francis

Contributors dc:contributor

• Murray N. Rothbard

Statement dc:rights

• IN COPYRIGHT. For more information about this rights statement, please visit http://rightsstatements.org/vocab/InC/1.0/

Language dc:language

English

Identifier

https://oasis.library.unlv.edu/rtds/279

OAI identifier oai:identifier

oai:oasis.library.unlv.edu:rtds-1278