Timothy Sandefur

TL;DR: This article argued that the Hayekian distinction between spontaneous and constructed orders cannot serve as a normative guide because the distinction depends entirely on the observer's frame of reference, and that the antirationalist premises behind Hayek's prescriptions against constructed order make it impossible either to recognize injustice or to correct it without engaging in rational constructivism.

TL;DR: Hathcock as discussed by the authors was a major victory for property owners across America, leading to a rash of broad scope condemnations at the expense of property owners, and the Hathcock court's decision sends a clear message that this abuse of eminent domain must be stopped and challenges victims to fight back, despite powerful private interest obstacles.

TL;DR: In this article, the Hayekian distinction between spontaneous and constructed orders is criticised, arguing that it cannot serve as a normative guide because the distinction depends entirely on the observer's frame of reference.

TL;DR: The Due Process of Law guarantee as mentioned in this paper is an effort to reduce government power to a comprehensible, rational, and principled order to require government to act lawfully, where lawfulness incorporates norms of generality, regularity, fairness, rationality and public orientation.

TL;DR: In this paper, a historical review of the public use requirement, particularly its underpinnings in political philosophy, before turning to current public use theory and specifically the history of California's Constitutions is presented.