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Liberty Property And The Constitution

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Liberty Property And The Future Of Constitutional Development

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Author : Ellen Frankel Paul
language : en
Publisher: SUNY Press
Release Date : 1990-07-05

Liberty Property And The Future Of Constitutional Development written by Ellen Frankel Paul and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-07-05 with Law categories.

This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the double standard. The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.

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.

Cornerstone Of Liberty

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Author : Timothy Sandefur
language : en
Publisher: Cato Institute
Release Date : 2006-10-25

Cornerstone Of Liberty written by Timothy Sandefur and has been published by Cato Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10-25 with Law categories.

The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”

Liberty Property And The Foundations Of The American Constitution

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Author : Ellen Frankel Paul
language : en
Publisher: SUNY Press
Release Date : 1989-01-01

Liberty Property And The Foundations Of The American Constitution written by Ellen Frankel Paul and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-01-01 with Political Science categories.

Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.

Liberty Property And Government

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Author : Ellen Frankel Paul
language : en
Publisher: SUNY Press
Release Date : 1989-07-03

Liberty Property And Government written by Ellen Frankel Paul and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-07-03 with Political Science categories.

This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the rhetoric of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?

Liberty Property And Government

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Author :
language : en
Publisher:
Release Date : 1987

Liberty Property And Government written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Economic liberties (U.S. Constitution) categories.

Private And Common Property

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Author : Richard A. Epstein
language : en
Publisher: Routledge
Release Date : 2013-10-08

Private And Common Property 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 2013-10-08 with Law categories.

First published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.

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.

Liberty Property And Privacy

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Author : Edward Keynes
language : en
Publisher: Penn State Press
Release Date : 1996-02-15

Liberty Property And Privacy written by Edward Keynes and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-02-15 with Political Science categories.

In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting "liberty of contract" against economic regulation to protecting "privacy" and other noneconomic rights (as in Roe v. Wade) against social regulation.