The October 1996 issue of the New York University Law Review includes a work dealing with deregulatory takings and breach of deregulatory contracts. Next October, the N.Y.U. Law Review will contain a rebuttal, a response critiquing work done by J. Gregory Sidak and Daniel Spulber. This critique is coauthored by William J. Baumol and Thomas W. Merrill. We are very fortunate here today to have that same Thomas W. Merrill with us. Our participants this afternoon on the panel will go in that order. Lewis Powell will discuss the propositions that the Telecommunications Act, and perhaps other current proposals for restructuring the electric industry, will constitute either violations of the takings clause of the Fifth Amendment, a deregulatory contract or an implied contract, and perhaps other constitutional provisions such as the Due Process clause of the Fourteenth Amendment. If he doesn't say that they do, he will probably raise serious questions as to whether or not they might do that.
Theodore V. Morrison Jr., Thomas W. Merrill & Lewis F. Powell III,
Deregulatory Takings and Breach of the Regulatory Contract,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol4/iss1/4