Frank Michelman
Encyclopedia
Frank Isaac Michelman is an American
legal scholar and Robert Walmsley
University Professor at Harvard Law School
.
Michelman wrote the influential law review
article, Property, Utility and Fairness, (80 Harv. L. Rev. 1165 (1967)) on the economic reasons for just compensation in the 5th Amendment
Takings Clause in the United States Constitution
. This article was cited by the majority in its opinion in Penn Central v. New York City
, the Supreme Court case that dealt with the authority of a local New York City
landmark law that forbade the railroad company from putting up a skyscraper above the historic Grand Central Terminal
structure. Michelman's analysis relied on evaluating whether the nuisance costs and value to society were worth it. He observed that while the Courts did not always provide rulings which were fair or provided utility, they provided as perfect a results that can be obtained by the Courts. He observed that administrative agencies and legislatures were shirking their roles in the compensation process.
Michelman served as Vice-President of the American Society for Political and Legal Philosophy
1994-96 and as its President, 1998-2001.
Michelman won the American Philosophical Society award in 2005. At a November ceremony in Philadelphia, the American Philosophical Society awarded Professor Frank Michelman its Henry M. Phillips Prize in Jurispudence. The prize was given only 20 times in more than a century, and honored Michelman's significant contributions to the field of jurisprudence
In November 2007, Frank Michelman was a Distinguished Visitor at the American Academy in Berlin
, Germany.
Michelman, Frank I. "Unenumerated Rights Under Popular Constitutionalism," 9 University of Pennsylvania Journal of Constitutional Law 121 (2006).
Michelman, Frank I. "Reflection," 82 Texas Law Review 1737 (2004). Full text: WWW || HEIN (Harvard Users) || HEIN || LEXIS || WESTLAW
Michelman, Frank I. "The Constitution, Social Rights, and Liberal Political Justification," 1 International Journal of Constitutional Law 13 (2003). Full text: WWW || WESTLAW
Michelman, Frank I. "The Bill of Rights, The Common Law, and The Freedom-Friendly State," 58 Miami Law Review 401 (2003). Full text: HEIN (Harvard Users) || HEIN || LEXIS || WESTLAW
Michelman, Frank I. "The Problem of Constitutional Interpretive Disagreement: Can Discourses of Application Help?" in Habermas and Pragmatism (M. Aboulafia, M. Bookman & C. Kemps eds., 2002). (This paper has been republished in Chinese, in the "Practical Philosophy Series," volume "Civic Republicanism")
Michelman, Frank I. "Morality, Identity, and 'Constitutional Patriotism'," 76 Denver University Law Review 1009 (1999). Full text: HEIN (Harvard Users) || HEIN || LEXIS || WESTLAW
Michelman, Frank I. Brennan and Democracy (Princeton University Press 1999). Full text: AMAZON (Purchase)
Michelman, Frank I. "The Subject of Liberalism," 46 Stanford Law Review 1807 (1994) (reviewing John Rawls, Columbia Univ. Press, Political Liberalism (1996)).
Michelman, Frank I. "Takings, 1987," 88 Columbia Law Review 1600 (1988).
Michelman, Frank I. "Ethics, Economics, and the Law of Property" in Ethics, Economics, and the Law (NOMOS series - 24) (J. Roland Pennock & John W. Chapman eds., New York University Press, 1982).
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legal scholar and Robert Walmsley
Robert Walmsley
Admiral Sir Robert Walmsley KCB was Chief of Defence Procurement at the UK Ministry of Defence from 1996 to 2003, and is a retired admiral in the Royal Navy.-Early career:...
University Professor at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
.
Michelman wrote the influential law review
Law review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
article, Property, Utility and Fairness, (80 Harv. L. Rev. 1165 (1967)) on the economic reasons for just compensation in the 5th Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
Takings Clause in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. This article was cited by the majority in its opinion in Penn Central v. New York City
Penn Central Transportation Co. v. New York City
Penn Central Transportation Co. v. New York City, was a landmark United States Supreme Court decision on compensation for regulatory takings.-The New York City Landmarks Law:...
, the Supreme Court case that dealt with the authority of a local New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
landmark law that forbade the railroad company from putting up a skyscraper above the historic Grand Central Terminal
Grand Central Terminal
Grand Central Terminal —often incorrectly called Grand Central Station, or shortened to simply Grand Central—is a terminal station at 42nd Street and Park Avenue in Midtown Manhattan in New York City, United States...
structure. Michelman's analysis relied on evaluating whether the nuisance costs and value to society were worth it. He observed that while the Courts did not always provide rulings which were fair or provided utility, they provided as perfect a results that can be obtained by the Courts. He observed that administrative agencies and legislatures were shirking their roles in the compensation process.
Michelman served as Vice-President of the American Society for Political and Legal Philosophy
American Society for Political and Legal Philosophy
The American Society for Political and Legal Philosophy, or ASPLP, is a learned society founded in 1955 by political theorist Carl Friedrich. The ASPLP's annual thematic conferences form the foundation for the Nomos series. The ASPLP operates according to a distinctive three-discipline structure...
1994-96 and as its President, 1998-2001.
Michelman won the American Philosophical Society award in 2005. At a November ceremony in Philadelphia, the American Philosophical Society awarded Professor Frank Michelman its Henry M. Phillips Prize in Jurispudence. The prize was given only 20 times in more than a century, and honored Michelman's significant contributions to the field of jurisprudence
In November 2007, Frank Michelman was a Distinguished Visitor at the American Academy in Berlin
American Academy in Berlin
The American Academy in Berlin is a research and cultural institution in Berlin whose stated mission is to foster a greater understanding and dialogue between the people of the United States and the people of Germany.The American Academy was founded in September 1994 by a group of prominent...
, Germany.
- Representative Publications
Michelman, Frank I. "Unenumerated Rights Under Popular Constitutionalism," 9 University of Pennsylvania Journal of Constitutional Law 121 (2006).
Michelman, Frank I. "Reflection," 82 Texas Law Review 1737 (2004). Full text: WWW || HEIN (Harvard Users) || HEIN || LEXIS || WESTLAW
Michelman, Frank I. "The Constitution, Social Rights, and Liberal Political Justification," 1 International Journal of Constitutional Law 13 (2003). Full text: WWW || WESTLAW
Michelman, Frank I. "The Bill of Rights, The Common Law, and The Freedom-Friendly State," 58 Miami Law Review 401 (2003). Full text: HEIN (Harvard Users) || HEIN || LEXIS || WESTLAW
Michelman, Frank I. "The Problem of Constitutional Interpretive Disagreement: Can Discourses of Application Help?" in Habermas and Pragmatism (M. Aboulafia, M. Bookman & C. Kemps eds., 2002). (This paper has been republished in Chinese, in the "Practical Philosophy Series," volume "Civic Republicanism")
Michelman, Frank I. "Morality, Identity, and 'Constitutional Patriotism'," 76 Denver University Law Review 1009 (1999). Full text: HEIN (Harvard Users) || HEIN || LEXIS || WESTLAW
Michelman, Frank I. Brennan and Democracy (Princeton University Press 1999). Full text: AMAZON (Purchase)
Michelman, Frank I. "The Subject of Liberalism," 46 Stanford Law Review 1807 (1994) (reviewing John Rawls, Columbia Univ. Press, Political Liberalism (1996)).
Michelman, Frank I. "Takings, 1987," 88 Columbia Law Review 1600 (1988).
Michelman, Frank I. "Ethics, Economics, and the Law of Property" in Ethics, Economics, and the Law (NOMOS series - 24) (J. Roland Pennock & John W. Chapman eds., New York University Press, 1982).