Abstract

The "sense" in Supreme Court decisions is at least partly a function of the Court's past opinions. Professor Brigham examines the Court's tradition with reference to property claims and how it has settled them. The basic understanding of the concept of property would seem to have remained stable over time, but new forms to which it applies have appeared in response to changing socioeconomic and poltical conditions. Property rights in titles, offices, grants, and franchises-among others -have been asserted and sustained. Professor Brigham argues that since the idea of settled expectations is central to such assertions and determinations, it makes sense to regard statutory entitlements as property under the constitution.

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