Question
(a)Under normal circumstances, nobody can take or use your property without your permission, and violations of that are treated as a crime.Is this injunctive or
(a)Under normal circumstances, nobody can take or use your property without your permission, and violations of that are treated as a crime.Is this injunctive or damages relief?
(b)Explain Calabresi and Melamed's conclusion about when injunctive relief or damages is likely to be more efficient, and why.
(c)Eminent domain is one exception to usual property rules: the government has the right (at least in some circumstances) to seize your property against your will and pay you its "fair market value," instead of needing to negotiate a price you would agree to sell at.Is this more like an injunctive or damages rule?Is the use of eminent domain more likely to be efficient when transaction costs are high or low?
(d)Briefly define the Normative Hobbes view of how the legal system should be designed.Does this view argue for or against giving the government the right of eminent domain?Why?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started