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How taxis, peanuts and assault rifles get you a martini for dinner: examining peanut quotas and taxi medallions in consideration of whether a fifth amendment takings claim is a red herring when eliminating alcohol license quota systems

journal contribution
posted on 2015-01-01, 00:00 authored by Karen PowellKaren Powell
This Article argues that allowing increased on-premise alcohol licenses will provide increased economic development through competition, without sacrificing public safety. Opponents of dismantling the on-premise quota system have consistently argued that a closed system is necessary, and may implicate a takings claim by current licensees. Review of relevant takings claim cases, including cases relating to peanut quotas and taxi medallions, however, supports opening those legacy markets by allowing new licensees into the marketplace, with little legal support for a successful takings claim relating to the value of the current licensee's license on a secondary market.

History

Journal

Depaul Business and Commercial Law Journal

Volume

13

Season

Spring

Pagination

433-477

Location

United States

ISSN

1542-2763

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

DePaul University College of Law, 2015

Issue

3

Publisher

DePaul University College of Law

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