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Constitutional Protection Of Private Property And Freedom Of Contract
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Book Synopsis Constitutional Protection of Private Property and Freedom of Contract by : Richard A. Epstein
Download or read book Constitutional Protection of Private Property and Freedom of Contract written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Protection of Private Property and Freedom of Contract by : Richard Allen Epstein
Download or read book Constitutional Protection of Private Property and Freedom of Contract written by Richard Allen Epstein and published by Taylor & Francis US. This book was released on 2000 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law of Property Rights Protection, 3rd Edition by : Laitos
Download or read book Law of Property Rights Protection, 3rd Edition written by Laitos and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 1254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Classical Foundations of Liberty and Property by : Richard Epstein
Download or read book Classical Foundations of Liberty and Property written by Richard Epstein and published by Taylor & Francis US. This book was released on 2000 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The wide collection of disciplines and periods represented in this five-volume set make it an ideal companion for courses in intellectual and legal history, political history, economic history, and common and constitutional law. The essays involved offer insightful understanding into the evolution of liberty and property in ways that are accessible to students without a strong technical background in economics, philosophy, or law. They contain probing evaluations of the central problems of legal and political thought that should prove of value to advanced students and specialists in these fields. Volumes also available individually. Volume 1. Classical Foundations of Liberty and Property (0-8153-3555-5) Volume 2. Modern Understanding of Liberty and Property (0-8153-3556-3) Volume 3. Private and Common Property (0-8153-3557-1) Volume 4. Contract-Freedom and Restraint (0-8153-3558-X) Volume 5. Constitutional Protection of Private Property and Freedom of Contract (0-8153-3559-8)
Book Synopsis Property and Contract in Their Relations to the Distribution of Wealth by : Richard Theodore Ely
Download or read book Property and Contract in Their Relations to the Distribution of Wealth written by Richard Theodore Ely and published by . This book was released on 1914 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The State and Freedom of Contract by :
Download or read book The State and Freedom of Contract written by and published by Stanford University Press. This book was released on 1998-09 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
Book Synopsis In Defense of Property by : Gottfried Dietze
Download or read book In Defense of Property written by Gottfried Dietze and published by University Press of America. This book was released on 1995 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order.
Book Synopsis The Right to Privacy by : Louis Dembitz Brandeis
Download or read book The Right to Privacy written by Louis Dembitz Brandeis and published by Good Press. This book was released on 2023-09-17 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
Book Synopsis Liberty of Contract by : David N. Mayer
Download or read book Liberty of Contract written by David N. Mayer and published by Cato Institute. This book was released on 2011-01-16 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
Book Synopsis Supreme Neglect by : Richard A. Epstein
Download or read book Supreme Neglect written by Richard A. Epstein and published by Oxford University Press. This book was released on 2008-03-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Property and Freedom by : Bernard H. Siegan
Download or read book Property and Freedom written by Bernard H. Siegan and published by Transaction Pub. This book was released on 1997-01-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, a series of Supreme Court decisions has strengthened the legal protection of private property in the United States by limiting the power of state and local governments to impose zoning ordinances and land-use regulations on property owners. Bernard H. Siegan explores this new direction of the Supreme Court in Property and Freedom: The Constitution, the Courts, and Land-Use Regulation, arguing that this recent jurisprudence implements the objectives of the framers of the original Constitution, the Bill of Rights, and the Fourteenth Amendment. Discussing several key land-use cases, Siegan describes the emergence of a new standard of review for land-use regulations—a standard under which a regulation will be held to be constitutional only when it substantially advances state interests and does not deny an owner economically viable use of his land. This new standard is less demanding than the strict scrutiny test applied to laws limiting freedom of speech or of the press, but considerably more demanding than the standard previously applied in these cases. In elevating the protection of property rights, Siegan contends, the Supreme Court has implemented a fundamental rule of fairness: governments should not force individual property owners to bear the costs of regulations which are supposed to benefit the public. Siegan believes that the new standard of review for land-use regulations accords with the widely held view that the protection of property rights is essential to the viability of the state and the well-being of the people. He cites studies showing that economic regulations seriously limit a nation's productivity and standard of living, and that zoning and no-growth measures reduce housing opportunities and raise the price of housing. Understandably, Siegan notes, people with low and moderate incomes tend to vote against zoning regulations in local elections.
Book Synopsis The Guardian of Every Other Right by : James W. Ely
Download or read book The Guardian of Every Other Right written by James W. Ely and published by . This book was released on 1992 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text chronicles the close relationship between property rights and the Constitution from the Colonial era to current controversies over land use controls. It devotes special attention to the interplay of law, ideology, politics, and economic change in shaping constitutional thought, examining such topics as the link between private property and political liberty, and the extent to which government may interfere with private contractual arrangements regarding the use of property. The first comprehensive treatment of economic rights, this is an invaluable resource for courses in constitutional and legal history, American government, the judicial process, property law, and economic regulation.
Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Liberty, Property, and the Future of Constitutional Development by : Ellen Frankel Paul
Download or read book Liberty, Property, and the Future of Constitutional Development written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1990-07-05 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the double standard. The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.
Book Synopsis Liberty, Property, and Government by : Ellen Frankel Paul
Download or read book Liberty, Property, and Government written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-07-03 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the rhetoric of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?
Book Synopsis Property Rights by : Terry L. Anderson
Download or read book Property Rights written by Terry L. Anderson and published by Hoover Press. This book was released on 2013-09-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the thoughts of various philosophers, political thinkers, economists, and lawyers, Terry Anderson and Laura Huggins present a blueprint for the nonexpert-expert on how societies can encourage or discourage freedom and prosperity through their property rights institutions. This Hoover Classic edition of Property Rightsdetails step-by-step what property rights are, what they do, how they evolve, how they can be protected, and how they promote freedom and prosperity.
Download or read book Property Rights written by Polly J. Price and published by Bloomsbury Publishing USA. This book was released on 2003-06-23 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of the evolution of property rights in the United States—from constitutional protections and due process to private property rights and government-takings doctrines. Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons. Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace.
