That is the title of my most recent work-in-progress, available here via SSRN, which is currently “under review” at a refereed journal, Review of the History of Economic Thought and Methodology. By way of background, below is the Introduction to my paper (footnotes omitted):
“One of the most fascinating sessions at the 2025 meeting of the History of Economics Society (HES) was a roundtable discussion on ‘The 50th anniversary of the Buchanan-Samuels Exchange.’ The roundtable panel featured an all-star roster of economic historians, including Marianne Johnson (Wisconsin), M. Ali Khan (Johns Hopkins), David M. Levy (George Mason), Steven Medema (Duke), Gary Mongiovi (St. John’s), Scott Scheall (Austin), and Emily Skarbek (Brown), all of whom illuminated various aspects of the original exchange of letters in the early 1970s between James Buchanan and Warren J. Samuels. As it happens, this intellectual exchange was motivated by an old takings case—Miller v. Schoene, decided in 1928—and takings law is one of my areas of expertise. [See, for example, my 2021 paper ‘Lockdowns as Takings.’] The remainder of my paper reframes the Buchanan-Samuels exchange as a three-act drama and is thus organized as follows: Act I sets the stage of our story by revisiting the dispute in Miller v. Schoene. Next, Act II compares and contrasts Samuels’s framing of this case with alternate Buchanan’s framing. For Samuels, Miller v. Schoene is a textbook case of reciprocal harms, while for Buchanan, this case is about the sanctity of property rights. Lastly, Act III concludes with the climax and Buchanan’s denouement.”








