Protecting Private Property With Constitutional Judicial Review
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Protecting Private Property With Constitutional Judicial Review
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Author : Daniel H. Cole
language : en
Publisher:
Release Date : 2008
Protecting Private Property With Constitutional Judicial Review written by Daniel H. Cole and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
This article proposes that constitutional judicial review should be subject to a social welfare analysis to determine when and if such review is efficient in enhancing social welfare. A model is proposed in which property rights protection is a component of social costs. Judicial review is then assumed to, on net, either add to or subtract from those costs, affecting social welfare generally. It will be shown that under realistic conditions, reflected in real instances, judicial review might not enhance economic efficiency or overall social welfare. We show that the efficiency of constitutional judicial review is likely to vary within the larger institutional context.
State Approaches To Protecting Private Property Rights
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
language : en
Publisher:
Release Date : 1999
State Approaches To Protecting Private Property Rights written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Takings Law And The Supreme Court
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Author : George Skouras
language : en
Publisher: Peter Lang Incorporated, International Academic Publishers
Release Date : 1998
Takings Law And The Supreme Court written by George Skouras and has been published by Peter Lang Incorporated, International Academic Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
The Takings Clause of the 5th amendment to the U.S. Constitution has emerged as the principal means of protecting private property from governmental interference, regulation, and takings. Dealing with the post-Civil War history and interpretation of regulatory takings law as applied to land use cases, the author takes a critical look at the Supreme Court's standards for evaluating land use cases. Takings Law and the Supreme Court uses an interdisciplinary approach to evaluate utilitarian, postmodernist, moral, environmental and common law, formalist, liberal, as well as conservative efforts to understand the taking of private property.
The Constitutional Protection Of Private Property In China
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Author : Chuanhui Wang
language : en
Publisher: Cambridge University Press
Release Date : 2016
The Constitutional Protection Of Private Property In China written by Chuanhui Wang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Using a comparative approach, this book analyses the history of China's private property protection at the constitutional level since 1949.
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
The Public Nature Of Private Property
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Author : Professor Michael Diamond
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
The Public Nature Of Private Property written by Professor Michael Diamond and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.
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 Rights
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Author : Bernard Siegan
language : en
Publisher: Routledge
Release Date : 2018-04-24
Property Rights written by Bernard Siegan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-24 with Law categories.
Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
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.
Private Property And The Limits Of American Constitutionalism
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Author : Jennifer Nedelsky
language : en
Publisher: University of Chicago Press
Release Date : 1994-06-15
Private Property And The Limits Of American Constitutionalism written by Jennifer Nedelsky and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-06-15 with Law categories.
Federalists vision of the Constitution; an interdisciplinary investigation.