The (ir)relevance of constitutional protection for property rights? Compensation for takings in Canada and the United States
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
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.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 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 it