Constitutional Protection Of Private Property And Freedom Of Contract
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Constitutional Protection Of Private Property And Freedom Of Contract
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Author : Richard A. Epstein
language : en
Publisher: Routledge
Release Date : 2013-10-15
Constitutional Protection Of Private Property And Freedom Of Contract written by Richard A. Epstein and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-15 with Law categories.
First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.
Constitutional Protection Of Private Property And Freedom Of Contract
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Author : Richard Allen Epstein
language : en
Publisher:
Release Date : 2000
Constitutional Protection Of Private Property And Freedom Of Contract written by Richard Allen Epstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Economic liberties (U.S. Constitution) categories.
Classical Foundations Of Liberty And Property
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Author : Richard Epstein
language : en
Publisher: Taylor & Francis US
Release Date : 2000
Classical Foundations Of Liberty And Property written by Richard Epstein and has been published by Taylor & Francis US this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
The wide collection of disciplines and periods represented in this five-volume set make it an ideal companion for courses in intellectual and legal history, political history, economic history, and common and constitutional law. The essays involved offer insightful understanding into the evolution of liberty and property in ways that are accessible to students without a strong technical background in economics, philosophy, or law. They contain probing evaluations of the central problems of legal and political thought that should prove of value to advanced students and specialists in these fields. Volumes also available individually. Volume 1. Classical Foundations of Liberty and Property (0-8153-3555-5) Volume 2. Modern Understanding of Liberty and Property (0-8153-3556-3) Volume 3. Private and Common Property (0-8153-3557-1) Volume 4. Contract-Freedom and Restraint (0-8153-3558-X) Volume 5. Constitutional Protection of Private Property and Freedom of Contract (0-8153-3559-8)
The State And Freedom Of Contract
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Author :
language : en
Publisher: Stanford University Press
Release Date : 1998-09
The State And Freedom Of Contract written by and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-09 with categories.
The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
In Defense Of Property
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Author : Gottfried Dietze
language : en
Publisher: University Press of America
Release Date : 1995
In Defense Of Property written by Gottfried Dietze and has been published by University Press of America this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Business & Economics categories.
In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order.
Law Of Property Rights Protection 3rd Edition
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Author : Laitos
language : en
Publisher: Wolters Kluwer
Release Date : 2019-12-17
Law Of Property Rights Protection 3rd Edition written by Laitos and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-17 with Law categories.
Law of Property Rights Protection: Limitations on Governmental Powers, Third Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Third Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Note: Online subscriptions are for three-month periods. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition, ISBN 9781543802368
Contract Freedom And Restraint
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Author : Richard Allen Epstein
language : en
Publisher:
Release Date : 2000
Contract Freedom And Restraint written by Richard Allen Epstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Contracts categories.
Property And Contract In Their Relations To The Distribution Of Wealth
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Author : Richard Theodore Ely
language : en
Publisher:
Release Date : 1914
Property And Contract In Their Relations To The Distribution Of Wealth written by Richard Theodore Ely and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1914 with Contracts categories.
Supreme Neglect
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Author : Richard A. Epstein
language : en
Publisher: Oxford University Press
Release Date : 2008-03-12
Supreme Neglect written by Richard A. Epstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-12 with Law categories.
As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.
Property And Freedom
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Author : Bernard H. Siegan
language : en
Publisher: Routledge
Release Date : 1997
Property And Freedom written by Bernard H. Siegan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Over the past few years, a series of Supreme Court decisions has strengthened the legal protection of private property in the United States by limiting the power of state and local governments to impose zoning ordinances and land-use regulations on property owners. Bernard H. Siegan explores this new direction of the Supreme Court in Property and Freedom: The Constitution, the Courts, and Land-Use Regulation, arguing that this recent jurisprudence implements the objectives of the framers of the original Constitution, the Bill of Rights, and the Fourteenth Amendment. Discussing several key land-use cases, Siegan describes the emergence of a new standard of review for land-use regulations--a standard under which a regulation will be held to be constitutional only when it substantially advances state interests and does not deny an owner economically viable use of his land. This new standard is less demanding than the strict scrutiny test applied to laws limiting freedom of speech or of the press, but considerably more demanding than the standard previously applied in these cases. In elevating the protection of property rights, Siegan contends, the Supreme Court has implemented a fundamental rule of fairness: governments should not force individual property owners to bear the costs of regulations which are supposed to benefit the public. Siegan believes that the new standard of review for land-use regulations accords with the widely held view that the protection of property rights is essential to the viability of the state and the well-being of the people. He cites studies showing that economic regulations seriously limit a nation's productivity and standard of living, and that zoning and no-growth measures reduce housing opportunities and raise the price of housing. Understandably, Siegan notes, people with low and moderate incomes tend to vote against zoning regulations in local elections.