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

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G. Ways of government control

1. taxation

2. takings

3. regulation

if government can achieve something through one of its

different controls than it should be able to achieve the same outcome with another without judicial involvement.

if it can accomplish lower smoking buy taxing cigarettes

it should also be able to regulate where people can smoke and can take tobacco products w/ compensation
H. Different levels of Police Power

1. Scalia: health, safety, prevention of a nuisance

2. in addition protect against exploitation (ie..

unconscionability of the UCC)

3. Brennon: unlimited promote commerce, provide work (on face

must apply to all equally).

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