Property And The Constitution PDF Download
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Author | : Bruce Ackerman |
Publisher | : Yale University Press |
Total Pages | : 315 |
Release | : 2008-10-01 |
Genre | : Law |
ISBN | : 0300158068 |
Download Private Property and the Constitution Book in PDF, ePub and Kindle
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.
Author | : James W. Ely |
Publisher | : Oxford University Press on Demand |
Total Pages | : 239 |
Release | : 2008 |
Genre | : History |
ISBN | : 0195323327 |
Download The Guardian of Every Other Right Book in PDF, ePub and Kindle
This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. The third edition has been completely revised and updated.
Author | : Ellen Frankel Paul |
Publisher | : SUNY Press |
Total Pages | : 200 |
Release | : 1989-01-01 |
Genre | : Political Science |
ISBN | : 9780887069154 |
Download Liberty, Property, and the Foundations of the American Constitution Book in PDF, ePub and Kindle
Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
Author | : Jennifer Nedelsky |
Publisher | : University of Chicago Press |
Total Pages | : 358 |
Release | : 1994-06-15 |
Genre | : Law |
ISBN | : 0226569713 |
Download Private Property and the Limits of American Constitutionalism Book in PDF, ePub and Kindle
Federalists vision of the Constitution; an interdisciplinary investigation.
Author | : Cato Institute |
Publisher | : Cato Institute |
Total Pages | : 698 |
Release | : 2008 |
Genre | : Law |
ISBN | : 1933995912 |
Download Cato Handbook for Policymakers Book in PDF, ePub and Kindle
Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.
Author | : Walker F. Todd |
Publisher | : Amer Inst for Economic Research |
Total Pages | : 110 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 9780913610695 |
Download Progress and Property Rights Book in PDF, ePub and Kindle
Author | : Richard A. Epstein |
Publisher | : Harvard University Press |
Total Pages | : 377 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 0674036557 |
Download Takings Book in PDF, ePub and Kindle
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.
Author | : BRIAN W. BLAESSER |
Publisher | : |
Total Pages | : 316 |
Release | : 2019-06-14 |
Genre | : |
ISBN | : 9780367099442 |
Download LAND USE & THE CONSTITUTION Book in PDF, ePub and Kindle
Author | : Alan R. Romero |
Publisher | : John Wiley & Sons |
Total Pages | : 384 |
Release | : 2013-01-08 |
Genre | : Law |
ISBN | : 1118503228 |
Download Property Law For Dummies Book in PDF, ePub and Kindle
The easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools. Property Law For Dummies tracks to a typical property law course and introduces you to property law and theory, exploring different types of property interests—particularly "real property." In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations. Tracks to a typical property law course Plain-English explanations make it easier to grasp property law concepts Serves as excellent supplemental reading for anyone preparing for their state's Bar Exam The information in Property Law For Dummies benefits students enrolled in a property law course as well as non-students, landlords, small business owners, and government officials, who want to know more about the ins and outs property law.
Author | : Dennis J. Coyle |
Publisher | : State University of New York Press |
Total Pages | : 406 |
Release | : 1993-07-01 |
Genre | : Political Science |
ISBN | : 1438400004 |
Download Property Rights and the Constitution Book in PDF, ePub and Kindle
Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.