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Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines - law2 byu

Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines - law2 byu 2025

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The document discusses the concept of 'ripeness' in legal contexts, particularly in relation to permitting decisions and takings challenges. It argues that justiciability doctrines, especially ripeness, create perverse incentives for regulators by insulating their decisions from judicial review. This insulation allows regulators to extract rents from applicants seeking permits, as they can deny applications without immediate consequences. The article uses analogies from produce consumption to illustrate how courts determine when cases are ready for review and critiques the implications of these doctrines on regulatory behavior and public choice theory.

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