Posts Tagged ‘regulation’
Copilot: Jurisdiction to regulate with and without injury
QUESTION 1: Exactly where in the ftsig connectors does regulation without injury fall? ANSWER 1: Short answer: Regulation without injury does not fall inside any of the four FTSIG connectors. It is outside the connector system entirely, because it lacks the only thing that can create PUB‑capacity: a voluntary civil act. Below is the precise…
Read MoreCopilot: Legal Relationship Between Fifth Amendment Takings and Civil Regulation
QUESTION 1: What is the most accurate way consistent with doctrine to describe adverse affects on property rights under the Fifth Amendment to the extent that control over absolutely owned private property is adversely affected by participation in a particular civil statutory benefit or privilege? ANSWER 1: Here’s a way to frame this that stays…
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