Introducing the Moral Foundations of Private Enterprise in Undergraduate Business Law and Ethics Courses Using Kelo v. City of New London

Abstract

In its 2005 decision in Kelo v. City of New London, the Supreme Court of the United States upheld the use of eminent domain to take private property for the use of other private entities so long as the taking is designed to confer some public benefit. This paper discusses how Kelo can be used in undergraduate business law and ethics courses to introduce students to the moral foundations of and justifications for the private enterprise system. The case presents a unique opportunity to correct several fundamental misconceptions that many undergraduate students bring to the classroom about the nature of capitalism and business in general.