Property Spring 1995 William Nelson Chapter I: The Power of Legislatures to Allocate Wealth


C. Legitimate Regulatory Measures



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C. Legitimate Regulatory Measures

1. protection of health

2. protection of safety

3. prevention of nuisance


D. Is there a middle ground?



1. Custom: stronger in older cases, now has lost steam. Says that

government can do that which the public has allowed it to and then hamper expansion.


2. Economics: Holden v. hardy: government can act to correct market

failures, but People v. Stover: not to promote its vision of an

aesthetically beautiful society. When free market, left its own

resources, cannot achieve a reasonable amount of efficiency.
3. efficiency: to permit legislatures to act on aesthetics is largely inefficient, but correcting market failure is not.
4. big government: Congress, or maybe a state legislature can act to do things that little governments cannot do. Unsure what the

clear distinction is.




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