Kelo and coronavirus

The Mercatus Center at George Mason University has published my latest op-ed explaining why “non-essential” employees and business firms must be paid just compensation–not loans or handouts. The logic of my argument relies on the leading case of Kelo v. City of New London, in which the Supreme Court interpreted the “public use” requirement of the takings clause very broadly. Although Kelo was a controversial decision when it was decided in 2005, it supports my argument that coronavirus lockdowns promote a public purpose and thus trigger the taking clause.

About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
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3 Responses to Kelo and coronavirus

  1. Reblogged this on prior probability and commented:

    I am reblogging my “Kelo and Coronavirus” post because my colleague and friend Ilya Somin wrote up a thoughtful reply and critique of my Kelo essay. I will respond to Professor Somin in the next day or two …

  2. Luanne says:

    I am in favor of your argument hah. Btw, have you seen the language in the PPP loans? We are well on the way to a bank takeover of our country.

  3. Pingback: Property rights in a pandemic | prior probability

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