Faculty Speaker Series: Horizontal Equity and the Takings Clause

​​Speaker: David Dana, Kirkland & Ellis Professor of Law, Northwestern University School of Law

Horizontal equity – the extent to which similarly situated persons are treated similarly – has not been addressed in the literature regarding just compensation and eminent domain. This presentation argues that horizontal equity should be a prism through which just compensation is evaluated; that there are reasons to think that our just compensation regime does not achieve horizontal equity; and that there are relatively simple reforms that could enhance the extent of horizontal equity and hence justice in our just compensation regime.

David Dana is the Kirkland & Ellis Professor of Law at Northwestern University School of Law. Before becoming a professor, he was a litigator in both the private (Wilmer, Cutler & Pickering) and public (U.S. Department of Justice) sectors. He taught at Boston University before joining Northwestern, and has been a visiting professor at Harvard and Virginia as well as several foreign universities. His work on the Takings Clause has been very widely cited, as has his writing on the ethics of aggregate legal representation. His current scholarly work focuses on a range of topics including takings and water law, environmental and health risks posed by emerging technologies, climate change adaptation, the foreclosure crisis, and attorney fees and fee alternatives.

This event is part of the 2015 Fall Faculty Speaker Series.  Light refreshments will be served.