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The Political Economy of Public Use in Poletown

The Political Economy of Public Use in Poletown
Author: William A. Fischel
Publisher:
Total Pages: 0
Release: 2005
Genre:
ISBN:

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This article argues that the use of eminent domain that was at issue in Poletown [304 N.W.2d 455 (Mich. 1981)] was flawed by fiscal constraints. The funding for the project, which leveled a thickly-settled neighborhood of Detroit in order to build an automobile plant, was provided almost entirely by the federal government. I argue that it is unlikely that the city of Detroit would have undertaken the project if it was required to raise its own funds to finance it or if the money had been given to the city by the federal government to do with as it pleased. The Michigan Supreme Court's intentions in Hathcock [684 N.W.2d 765 (Mich. 2004)] to forestall the use of eminent domain for Poletown-like economic development would be better served by an inquiry into the nature of the financing of the projects than a categorical ban on them.


Corporate Welfare

Corporate Welfare
Author: James T. Bennett
Publisher: Routledge
Total Pages: 299
Release: 2017-07-05
Genre: Business & Economics
ISBN: 1351525727

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From the time of Alexander Hamilton's "Report on Manufactures" through the Great Depression, American towns and cities sought to lure footloose companies by offering lavish benefits. These ranged from taxpayer-financed factories, to tax exemptions, to outright gifts of money. This kind of government aid, known as "corporate welfare," is still around today. After establishing its historical foundations, James T. Bennett reveals four modern manifestations.His first case is the epochal debate over government subsidy of a supersonic transport aircraft. The second case has its origins in Southern factory relocation programs of the 1930s?the practice of state and local governments granting companies taxpayer financed incentives. The third is the taking of private property for the enrichment of business interests. The fourth?export subsidies?has its genesis in the New Deal but matured with the growth of the Export-Import Bank, which subsidizes international business exchanges of America's largest corporate entities.Bennett examines the prospects for a successful anti-corporate welfare coalition of libertarians, free market conservatives, Greens, and populists. The potential for a coalition is out there, he argues. Whether a canny politician can assemble and maintain it long enough to mount a taxpayer counterattack upon corporate welfare is an intriguing question.


The Political Economy of the Living Wage: A Study of Four Cities

The Political Economy of the Living Wage: A Study of Four Cities
Author: Oren M. Levin-Waldman
Publisher: Routledge
Total Pages: 266
Release: 2016-07-22
Genre: Business & Economics
ISBN: 1315498030

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This book examines the movement for living wages at the local level and what it tells us about urban politics. Oren M. Levin-Waldman studies the role that living wage campaigns may have had in recent years in altering the political landscape in four cities where they have been adopted: Los Angeles, Detroit, Baltimore, and New Orleans. It is the author's belief that the living wage movements are a result of policy failure at the local level. They are the by-product of the failure to adequately address the changes that were occurring, mainly the changing urban economic base and growing income inequality. The author undertakes a scholarly analysis of the issue through the disciplinary lenses of political science while also employing some of the economists' tools.


Economic Development as Public Use

Economic Development as Public Use
Author: Glen H. Sturtevant
Publisher:
Total Pages: 53
Release: 2006
Genre:
ISBN:

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Eminent domain is the pow ...


Research Handbook on the Economics of Property Law

Research Handbook on the Economics of Property Law
Author: Kenneth Ayotte
Publisher: Edward Elgar Publishing
Total Pages: 417
Release: 2011-01-01
Genre: Law
ISBN: 184980897X

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Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature. Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.


Ordering the City

Ordering the City
Author: Nicole Stelle Garnett
Publisher: Yale University Press
Total Pages: 289
Release: 2010-01-01
Genre: Law
ISBN: 0300155050

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This work highlights the multiple, often overlooked, and frequently misunderstood connections between land use and development policies and policing practices. In order to do so the book draws upon multiple literatures as well as concrete case studies to better explore how these policy arenas intersect and conflict.


Private Property, Community Development, and Eminent Domain

Private Property, Community Development, and Eminent Domain
Author: Robin Paul Malloy
Publisher: Routledge
Total Pages: 235
Release: 2016-04-15
Genre: Law
ISBN: 1317075668

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The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.


Public Opinion and Constitutional Controversy

Public Opinion and Constitutional Controversy
Author: Nathaniel Persily
Publisher: Oxford University Press
Total Pages: 377
Release: 2008
Genre: Law
ISBN: 0195329414

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This book provides a comprehensive analysis of American public opinion on the key constitutional controversies of the twentieth century: desegregation, school prayer, abortion, the death penalty, gay rights, and national security, to name just a few. It examines each controversy, explaining how public attitudes have shifted over time, especially in the wake of prominent Supreme Court decisions.


Perspectives on Property Law

Perspectives on Property Law
Author: Robert C. Ellickson
Publisher: Aspen Publishing
Total Pages: 709
Release: 2023-02-01
Genre: Law
ISBN: 1543856160

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team


Cornerstone of Liberty

Cornerstone of Liberty
Author: Timothy Sandefur
Publisher: Cato Institute
Total Pages: 170
Release: 2006-10-25
Genre: Law
ISBN: 1933995327

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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.”