The (ir)relevance of constitutional protection for property rights? Compensation for takings in Canada and the United States
Bibliographic record
Abstract
Requiring a government to pay compensation when it takes property is a common means of protecting property rights. In this article, I explore the implications of this right to property having a constitutional form, rather than a statutory or common law form, by examining the comparative law of compensation for takings in Canada and the United States. The analysis is focused on the various functional interests in efficiency and fairness that underlie the protection of property rights and their often competing requirements for rigidity and flexibility. Rather than providing a binding constraint that enhances efficiency, the choice of a constitutional form appears most consistent with the prioritization of distributive concerns around government’s power over property rights. However, the substantive protection of property rights appears to be driven as much by the underlying interests as by the choice of legal form. Variation in the practical content of property rights in Canada and the United States is much more subtle than the difference in constitutional status suggests.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.011 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.012 | 0.015 |
| Scholarly communication | 0.009 | 0.002 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.003 | 0.003 |
| Insufficient payload (model declined to judge) | 0.005 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".