The devil's test is furthermore a check on whether or not the means-ends analysis
is independent of the ideological vision of the analyst: If both an angel and the devil could agree with the means-ends analysis
, then the analysis itself provides a positive or "objective ground upon which to debate" (Boettke, 1998, p.
In presenting such topics as logical framework analysis, the use of indicators, process planning schemas, and means-ends analysis
and moving from the more theoretical to the more practical, he emphasizes the need for a people-oriented paradigm that involves efforts to "strengthen the capability of stakeholders for logical reasoning.
In general, this type of means-ends analysis has no logical place in regulatory takings doctrine.
Part VII explains why, as a practical matter, it is important whether traditional due process means-ends analysis is imported into the takings doctrine.
While the Court in these cases described means-ends analysis as an appropriate takings test, a careful reading of the decisions shows that the Court was actually referring to a due process test.
Town of Hempstead(38)--involved claims under both the Takings and the Due Process Clauses,(39) the means-ends analysis in Penn Central clearly draws upon Goldblatt's due process discussion.
57) Thus, under Midkiff, a means-ends analysis determines whether or not a government action is within the scope of the Takings Clause to begin with, whether or not compensation is paid.
One such counter-argument is that, however weak the support originally provided for the purported means-ends test by Agins and Penn Central, the Supreme Court subsequently definitively adopted means-ends analysis as a component of regulatory takings doctrine in the cases of Nollan v.
They adopt a special type of means-ends analysis that is explained and justified by--and is logically confined to--the context of physical occupations.
At the end of the day, does it make any difference whether means-ends analysis is conducted under the due process or the takings label?