In spite of the fact that the Constitution's fifth amendment states that “nor shall private property be taken for public use, without just compensation,” politicians systematically impose almost confiscatory land-use restrictions on citizens. Growth of regulation and property-rights...

Constitutions may be viewed as purely political instruments developed by wise and strong leaders and imposed on a loosely organized society. The alternate view taken in this paper sees a nation's constitution as being rooted in the norms of individuals that form communities and states....

Modern struggles to form constitutional orders based on liberal principles are fraught with risk. There may be little in the way of private reward for those who lead the struggle. Such things as free markets, property rights protection amd freedom to contract are public goods. Ideology is...

Before passage of the Clean Water Act, water pollution was controlled by the common law of nuisance and the law of water rights. Had the common law not been superseded, it might have provided more ecologically sound pollution control than has occurred under the command-and-control statutory...