Richard Epstein provides an in-depth history of takings law, examining the protections against government appropriation of private property. Along the way he considers the recent Supreme Court ruling in Knick v. Township of Scott, Pennsylvania, which greatly expands the rights of property owners.
A new strain of conservative intellectuals think an embrace of free-market economics should take a backseat to a more communitarian approach. At the same time, an energized group of progressives wants to dramatically expand the reach of the federal government. Both groups take as read that the free market isn’t adequately serving the public’s needs. Richard Epstein examines those claims and explains the vital factor missing from both diagnoses: the importance of civil society.