Download or read book Tales and Takings written by James V. Watson and published by . This book was released on 1857 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
Download or read book Abuse of Power written by Steven Greenhut and published by . This book was released on 2004 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of eminent domain looks at the concept of "public use," the injustice and unfairness inherent in the definition when it is based on tax revenue, and the people who are fighting back to preserve their property rights.
Download or read book The American Takings Revolution and Public Trust Preservation written by Blake Hudson and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution was forged out of a revolution that both rejected and embraced aspects of English legal tradition. The Takings Clause and its subsequent jurisprudential interpretation represents a rejection of what the Framers at the time and constitutional Reframers since that time viewed as central government over-reaching and improper interference with private property rights. The Framers left fully intact -- and a different set of constitutional Reframers are increasingly seeking to use -- the English common law doctrine of public trust to prevent private property rights from trumping the public's interest in certain resources, especially in the coastal zone. This doctrine inherently conflicts with the Takings Clause in many cases, for if a resource is protected by the public trust, then any restrictions on property made pursuant to that protection cannot result in a taking -- the restrained activity was never part of the property owner's bundle of property rights to begin with. This essay highlights the inevitable legal tension between the Takings Clause and public trust doctrine and its implications for coastal zone resources in a time of climate change. The article explores three implications of the Takings Clause-public trust tension: (1) resolution of future legal controversies related to climate change along the coast; (2) a potential rebalancing of modern takings jurisprudence, which has arguably disturbed the appropriate balance between private property protections and the public good; and (3) the creation of better governance structures through institutional design enhancements and adjustments -- in this case focusing on the institution that is U.S. constitutional law.
Download or read book Private Property and the Constitution written by Bruce Ackerman and published by Yale University Press. This book was released on 2008-10-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
Download or read book Regulatory Property Rights written by Christine Godt and published by BRILL. This book was released on 2016-11-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.
Download or read book Property and the Constitution written by Janet McLean and published by Hart Publishing. This book was released on 1999-08-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book The Grasping Hand written by Ilya Somin and published by University of Chicago Press. This book was released on 2016-11-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
Download or read book The United States Catalog written by George Flavel Danforth and published by . This book was released on 1900 with total page 1208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Catalogue of the Library of the Mercantile Library Association of San Francisco written by Anonymous and published by BoD – Books on Demand. This book was released on 2023-05-17 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1874. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.
Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Download or read book Tales of Two Americas written by John Freeman and published by Penguin. This book was released on 2017-09-05 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty-six major contemporary writers examine life in a deeply divided America—including Anthony Doerr, Ann Patchett, Roxane Gay, Rebecca Solnit, Hector Tobar, Joyce Carol Oates, Edwidge Danticat, Richard Russo, Eula Bliss, Karen Russell, and many more America is broken. You don’t need a fistful of statistics to know this. Visit any city, and evidence of our shattered social compact will present itself. From Appalachia to the Rust Belt and down to rural Texas, the gap between the wealthiest and the poorest stretches to unimaginable chasms. Whether the cause of this inequality is systemic injustice, the entrenchment of racism in our culture, the long war on drugs, or immigration policies, it endangers not only the American Dream but our very lives. In Tales of Two Americas, some of the literary world’s most exciting writers look beyond numbers and wages to convey what it feels like to live in this divided nation. Their extraordinarily powerful stories, essays, and poems demonstrate how boundaries break down when experiences are shared, and that in sharing our stories we can help to alleviate a suffering that touches so many people.
Download or read book The United States Catalog written by and published by . This book was released on 1900 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Little Pink House written by Jeff Benedict and published by Hachette UK. This book was released on 2009-01-26 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Little Pink House, award-winning investigative journalist Jeff Benedict takes us behind the scenes of this case—indeed, Suzette Kelo speaks for the first time about all the details of this inspirational true story as one woman led the charge to take on corporate America to save her home. Suzette Kelo was just trying to rebuild her life when she purchased a falling down Victorian house perched on the waterfront in New London, CT. The house wasn't particularly fancy, but with lots of hard work Suzette was able to turn it into a home that was important to her, a home that represented her new found independence. Little did she know that the City of New London, desperate to revive its flailing economy, wanted to raze her house and the others like it that sat along the waterfront in order to win a lucrative Pfizer pharmaceutical contract that would bring new business into the city. Kelo and fourteen neighbors flat out refused to sell, so the city decided to exercise its power of eminent domain to condemn their homes, launching one of the most extraordinary legal cases of our time, a case that ultimately reached the United States Supreme Court. "Passionate...a page-turner with conscience." —Publishers Weekly "Catherine Keener nails the combination of anger, grace, and attitude that made Susette Kelo a nationally known crusader." —Deadline Hollywood
Download or read book A Classified Catalogue of the Mercantile Library of San Francisco written by Mercantile Library Association (San Francisco, Calif.) and published by . This book was released on 1861 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Past and Present Or A Description of Persons and Events Connected with Canadian Methodism for the Last Forty Years written by John Carroll and published by . This book was released on 1860 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Catalogue of the Mercantile Library Company of Philadelphia written by Mercantile Library of Philadelphia and published by . This book was released on 1850 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
