Junior Faculty – Writing Competition re Takings and “Givings” – Pacific Legal Found.

The Pacific Legal Foundation‘s Program for Judicial Awareness will award $10,000 to one junior faculty member for an original contribution to legal scholarship on the following question.

The Fifth Amendment mandates that government may not take private property for public use without payment of just compensation. Some legal commentators have argued that the law of governmental takings should be balanced by a theory of “givings,” such that compensation for the taking of property should be offset by the amount of value attributable to the existence of general governmental programs and services. Explain why the “givings” rationale is inconsistent with the purpose and function of the Takings Clause.

The deadline for submissions is May 30, 2008. Details about the competition are here.