Constitutions Markets And Law

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Law and Markets in United States History

Author : James Willard Hurst
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771364
Total Pages : 242 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Law and Markets in United States History by : James Willard Hurst

Download or read book Law and Markets in United States History written by James Willard Hurst and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eminent legal scholar James Willard Hurst's sociological analysis of the relation between law and private business in relation to society at large Hurst argues that law and business support the same goals of efficiency and humanity, and examines their interrelationship toward that end in terms of ethical issues related to public policy, money supply, the impact of incremental change, inflation and deflation, monopoly and competition, and other economic factors. Based on Hurst's lectures at The University of Wisconsin in April, 1981. James Willard Hurst [1910-1997] is widely recognized as the father of modern American legal history. He taught at University of Wisconsin Law School. A prolific scholar and writer, Hurst's major works include The Growth of American Law: The Law Makers (1950), Law and The Conditions of Freedom in The Nineteenth-century United States (1956), Law and Economic Growth: The Legal History of the Wisconsin Lumber Industry 1835-1916 (1964), Law and Social Process in U.S. History (1960) and Law and Social Order in the United States (1977). CONTENTS Introduction: The Market, the Law, and Challenges of Scarcity Chapter 1 Law and the Constitution of the Market Chapter 2 The Market in Social Context Chapter 3 Bargaining through Law and through Markets Notes Sources Cited Index

Constitutions in Times of Financial Crisis

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 9781108729208
Total Pages : 342 pages
Book Rating : 4.7/5 (292 download)

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Book Synopsis Constitutions in Times of Financial Crisis by : Tom Ginsburg

Download or read book Constitutions in Times of Financial Crisis written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2022-06-30 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

Markets, Constitutions, and Inequality

Author : Anna Chadwick
Publisher : Taylor & Francis
ISBN 13 : 1000653617
Total Pages : 197 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Markets, Constitutions, and Inequality by : Anna Chadwick

Download or read book Markets, Constitutions, and Inequality written by Anna Chadwick and published by Taylor & Francis. This book was released on 2022-09-19 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary collection examines the significance of constitutions in setting the terms and conditions upon which market economies operate. With some important exceptions, most notably from the tradition of Latin American constitutionalism, scholarship on constitutional law has paid negligible attention to questions of how constitutions relate to economic phenomena. A considerable body of literature has debated the due limits of the exercise of executive and legislative power, and discussions about legitimacy, democracy, and the adjudication of rights (civil and political, and socioeconomic) abound, yet scant attention has been paid by constitutional lawyers to the ways in which constitutions may protect and empower economic actors, and to how constitutions might influence the regulation and governance of specific markets. The contributors to this collection mobilize insights from other disciplines – including economic theory, history, and sociology – and consider the relationship between constitutional frameworks and bodies of law – including property law, criminal law, tax law, financial regulation, and human rights law – to advance understanding of how constitutions relate to markets and to the political economy. This book’s analysis of the role constitutions play in shaping markets will appeal to scholars and students in law, economics, history, politics, and sociology.

Constitutions, Markets and Law

Author : Stefan Voigt
Publisher : Edward Elgar Publishing
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutions, Markets and Law by : Stefan Voigt

Download or read book Constitutions, Markets and Law written by Stefan Voigt and published by Edward Elgar Publishing. This book was released on 2002 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a workshop held at the Institute for Advanced Study, in Berlin, 2000.

The Law of the Federal and State Constitutions of the United States

Author : Frederic Jesup Stimson
Publisher :
ISBN 13 :
Total Pages : 482 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of the Federal and State Constitutions of the United States by : Frederic Jesup Stimson

Download or read book The Law of the Federal and State Constitutions of the United States written by Frederic Jesup Stimson and published by . This book was released on 1908 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitution of Law

Author : David Dyzenhaus
Publisher : Cambridge University Press
ISBN 13 : 1139460501
Total Pages : 9 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Constitution of Law by : David Dyzenhaus

Download or read book The Constitution of Law written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2006-10-05 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

The Constitution of Markets

Author : Viktor Vanberg
Publisher : Psychology Press
ISBN 13 : 9780415154710
Total Pages : 232 pages
Book Rating : 4.1/5 (547 download)

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Book Synopsis The Constitution of Markets by : Viktor Vanberg

Download or read book The Constitution of Markets written by Viktor Vanberg and published by Psychology Press. This book was released on 2001 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the institutional dimension of markets and the rules and institutions that condition the operation of market economies.

The Constitution and Economic Regulation

Author : Michael Conant
Publisher : Routledge
ISBN 13 : 1351298305
Total Pages : 536 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis The Constitution and Economic Regulation by : Michael Conant

Download or read book The Constitution and Economic Regulation written by Michael Conant and published by Routledge. This book was released on 2017-10-19 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy. Many new conclusions are markedly different from those of the Supreme Court and earlier commentators. Conant's view is that the commerce clause and the equal protection clause, if they had been construed consistently with their comprehensive original meanings, would have given much greater federal protection against state laws that impaire free markets. Economic policy for the nation was vested in Congress. To the extent that special interests could buy congressional favor for their anticompetitive activities, free markets were impaired within constraints as interpreted by the court. These decisions have been criticized for their failure to incorporate the antimonopoly tradition in the Ninth Amendment and their failure to recognize equal protection of laws incorporated into the Fifth Amendment. Conant holds that statutory controls of the economy are justifiable in economic theory if they are designed to remedy market failures and thereby increase efficiency. If statutes are passed to interfere with markets and create market inefficiencies for the benefit of special interest groups, they should be condemned under the standards of normative microeconomics. There are four main classes of market failure: monopoly, externalities, public goods, and informational asymmetry. This masterful analysis examines all four reasons for market failure in depth. Litigation costs are analogous to transaction costs. If legal principles and rules are clearly and precisely defined by the Supreme Court when they are first appealed, litigation and its costs should be minimized. Conant claims that if legal principles or rules are uncertain because they lack definable standards, the number of legal actions filed and litigation costs will be much greater. This promotes additional litigation challenging the many statutes enacted to remedy asserted market failures in an expanding industrial economy. This work brilliantly addresses the danger to the economy in court rulings seeking to legislate standards of reasonableness.

We the Corporations: How American Businesses Won Their Civil Rights

Author : Adam Winkler
Publisher : Liveright Publishing
ISBN 13 : 0871403846
Total Pages : 485 pages
Book Rating : 4.8/5 (714 download)

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Book Synopsis We the Corporations: How American Businesses Won Their Civil Rights by : Adam Winkler

Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.

Economic Liberties and the Constitution

Author : Bernard H. Siegan
Publisher : Routledge
ISBN 13 : 1351312510
Total Pages : 436 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Economic Liberties and the Constitution by : Bernard H. Siegan

Download or read book Economic Liberties and the Constitution written by Bernard H. Siegan and published by Routledge. This book was released on 2017-09-29 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason the necessity for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.

Freedom's Law

Author : Ronald Dworkin
Publisher : OUP Oxford
ISBN 13 : 0198265573
Total Pages : 438 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis Freedom's Law by : Ronald Dworkin

Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

The Constitution of Private Governance

Author : Harm Schepel
Publisher :
ISBN 13 : 9781472563255
Total Pages : 460 pages
Book Rating : 4.5/5 (632 download)

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Book Synopsis The Constitution of Private Governance by : Harm Schepel

Download or read book The Constitution of Private Governance written by Harm Schepel and published by . This book was released on 2005 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This work provides a comprehensive overview of the rise, role and status of these standards in the legal regulation of integrating markets.

The Legal Foundations of Free Markets

Author : Stephen F. Copp
Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Legal Foundations of Free Markets by : Stephen F. Copp

Download or read book The Legal Foundations of Free Markets written by Stephen F. Copp and published by . This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Stephen Copp has brought together some of the world's leading figures in the field of law and economics to discuss questions that are central to our understanding of how a free-market economy operates. Though most people accept that a free economy cannot exist in a legal vacuum, important questions about how systems of law come into being and what form they should take remain in dispute. The authors shed light on some of these issues, such as whether common law systems are better than codified law systems; the relationship between natural law and government law; whether systems of law evolve within societies or are imposed from above by government; and, the role of human rights, as guaranteed by constitutions.After examining these questions, the authors then proceed to look at specific problems that are frequently disputed by economists - such as the role of competition law; the relationship between law, regulation and economics; and, how the law can protect the environment without onerous regulation. This collection is an important contribution to the literature in the field of law and economics. It is important both for economists who wish to understand more about the origins and purposes of law and regulation, and for lawyers who need to understand more about the economic foundations of sound legal systems.

The Legal Foundations of Free Markets

Author : Stephen F. Copp
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis The Legal Foundations of Free Markets by : Stephen F. Copp

Download or read book The Legal Foundations of Free Markets written by Stephen F. Copp and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Stephen Copp has brought together some of the world's leading figures in the field of law and economics to discuss questions that are central to our understanding of how a free-market economy operates.Though most people accept that a free economy cannot exist in a legal vacuum, important questions about how systems of law come into being and what form they should take remain in dispute. The authors shed light on some of these issues, such as whether common law systems are better than codified law systems; the relationship between natural law and government law; whether systems of law evolve within societies or are imposed from above by government; and the role of human rights, as guaranteed by constitutions. After examining these questions, the authors then proceed to look at specific problems that are frequently disputed by economists - such as the role of competition law; the relationship between law, regulation and economics; and how the law can protect the environment without onerous regulation.This collection is an important contribution to the literature in the field of law and economics. It is important both for economists who wish to understand more about the origins and purposes of law and regulation,and for lawyers who need to understand more about the economic foundations of sound legal systems.'This book is fantastic. It is a perfect blend of historical analysis, economics and legal theory, and should be on the bookshelf of every serious student in the field of Law and Economics.' Alex Robson, Australian National University.

Understanding Constitutional Law

Author : William D. Araiza
Publisher :
ISBN 13 : 9781531018702
Total Pages : pages
Book Rating : 4.0/5 (187 download)

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Book Synopsis Understanding Constitutional Law by : William D. Araiza

Download or read book Understanding Constitutional Law written by William D. Araiza and published by . This book was released on 2020-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Many Constitutions of Europe

Author : Suvi Sankari
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497291
Total Pages : 486 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis The Many Constitutions of Europe by : Suvi Sankari

Download or read book The Many Constitutions of Europe written by Suvi Sankari and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.

Revolutionary Constitutions

Author : Bruce Ackerman
Publisher : Harvard University Press
ISBN 13 : 0674238842
Total Pages : 432 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Revolutionary Constitutions by : Bruce Ackerman

Download or read book Revolutionary Constitutions written by Bruce Ackerman and published by Harvard University Press. This book was released on 2019-05-13 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.