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Brief Amicus Curiae Of Institute For Justice Owners Counsel Of America And Professor Daniel R Mandelker Supporting Petitioner
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Download or read book The Grasping Hand written by Ilya Somin and published by University of Chicago Press. This book was released on 2015-05-28 with total page 369 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 Property written by David Dana and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area.
Book Synopsis The Guardian of Every Other Right by : James W. Ely Jr.
Download or read book The Guardian of Every Other Right written by James W. Ely Jr. and published by Oxford University Press. This book was released on 2007-11-30 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes 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. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.
Book Synopsis The Great Chief Justice by : Charles F. Hobson
Download or read book The Great Chief Justice written by Charles F. Hobson and published by . This book was released on 1996 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: "John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Book Synopsis Regional Approaches to Affordable Housing by : Stuart Meck
Download or read book Regional Approaches to Affordable Housing written by Stuart Meck and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do regional approaches to affordable housing actually result in housing production and, if so, how? Regional Approaches to Affordable Housing answers these critical questions and more. Evaluating 23 programs across the nation, the report begins by tracing the history of regional housing planning in the U.S. and defining contemporary big picture issues on housing affordability. It examines fair-share regional housing planning in three states and one metropolitan area, and follows with an appraisal of regional housing trust funds--a new phenomenon. Also assessed are an incentive program in the Twin Cities region and affordable housing appeals statutes in Massachusetts, Rhode Island, and Connecticut. The study looks at recent private-sector initiatives to promote affordable housing production in the San Francisco Bay area and Chicago. A concluding chapter proposes a set of best and second-best practices. Supplementing the report are appendices containing an extensive annotated bibliography, a research note on housing need forecasting and fair-share allocation formulas, a complete list of state enabling legislation authorizing local housing planning, and two model state acts.
Download or read book A Model Land Development Code written by and published by . This book was released on 1960 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Wildlife as Property Owners by : Karen Bradshaw
Download or read book Wildlife as Property Owners written by Karen Bradshaw and published by University of Chicago Press. This book was released on 2020-11-23 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humankind coexists with every other living thing. People drink the same water, breathe the same air, and share the same land as other animals. Yet, property law reflects a general assumption that only people can own land. The effects of this presumption are disastrous for wildlife and humans alike. The alarm bells ringing about biodiversity loss are growing louder, and the possibility of mass extinction is real. Anthropocentric property is a key driver of biodiversity loss, a silent killer of species worldwide. But as law and sustainability scholar Karen Bradshaw shows, if excluding animals from a legal right to own land is causing their destruction, extending the legal right to own property to wildlife may prove its salvation. Wildlife as Property Owners advocates for folding animals into our existing system of property law, giving them the opportunity to own land just as humans do—to the betterment of all.
Book Synopsis The New York State Constitution by : Peter J. Galie
Download or read book The New York State Constitution written by Peter J. Galie and published by Oxford University Press, USA. This book was released on 2011 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New York's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of New York's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Download or read book Making a Modern Constitution written by and published by . This book was released on 2016 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Little Pink House by : Jeff Benedict
Download or read book Little Pink House written by Jeff Benedict and published by Grand Central Publishing. This book was released on 2009-01-26 with total page 325 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
Book Synopsis Regulatory Takings by : William A. Fischel
Download or read book Regulatory Takings written by William A. Fischel and published by Harvard University Press. This book was released on 1995 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.
Book Synopsis The Eminent Domain Revolt by : John Ryskamp
Download or read book The Eminent Domain Revolt written by John Ryskamp and published by Algora Publishing. This book was released on 2007 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twist the Constitution and you can un-do decades of work sustaining the right to housing. What is the "public interest"? A legal expert analyzes recent legislative proposals and presents a new argument for housing rights.
Book Synopsis The Sustaining Hand by : Bryan D. Jones
Download or read book The Sustaining Hand written by Bryan D. Jones and published by . This book was released on 1986 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Strauss V. City of Chicago written by and published by . This book was released on 1984 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Supreme Court Economic Review, Volume 15 by : Francesco Parisi
Download or read book Supreme Court Economic Review, Volume 15 written by Francesco Parisi and published by . This book was released on 2007-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Economic Review is an interdisciplinary, peer-reviewed series focusing on the economic consequences, precedents, and reasoning behind United States Supreme Court decisions. Recent books have covered the evolution of patent law at the Federal Circuit and Supreme Court levels, censorship of economic theory, probability errors regarding tort and contract law, the psychology of punishment, and more.
Book Synopsis Regulation of Corporate Political Activity by : Gregory K. Merryman
Download or read book Regulation of Corporate Political Activity written by Gregory K. Merryman and published by Bna Books. This book was released on 1988-09-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Inclusionary Zoning Moves Downtown by : Dwight H. Merriam
Download or read book Inclusionary Zoning Moves Downtown written by Dwight H. Merriam and published by Planners Press. This book was released on 1985 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
