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Economic Liberties And The Judiciary
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Book Synopsis Economic Liberties and the Judiciary by : James A. Dorn
Download or read book Economic Liberties and the Judiciary written by James A. Dorn and published by Univ Publ Assn. This book was released on 1988-09-12 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays in this volume refocus attention on Constitutional protection for economic liberties. Divided into three parts, the book deals with the following topics: Interpreting the Constitution: Theory and Practice; Property Rights, Activism and the Judicial Process; and Recent Economic Issues in the Courts.
Book Synopsis Economic Liberties and the Judiciary by : James A. Dorn
Download or read book Economic Liberties and the Judiciary written by James A. Dorn and published by University Press of America. This book was released on 1988 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays in this volume refocus attention on Constitutional protection for economic liberties. Divided into three parts, the book deals with the following topics: Interpreting the Constitution: Theory and Practice; Property Rights, Activism and the Judicial Process; and Recent Economic Issues in the Courts.
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 263 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.
Book Synopsis Scalia v. Epstein by : Antonin Scalia
Download or read book Scalia v. Epstein written by Antonin Scalia and published by Cato Institute. This book was released on 1985-01-01 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A.Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal.
Book Synopsis Economic Liberty and the Constitution by : Jacob G. Hornberger
Download or read book Economic Liberty and the Constitution written by Jacob G. Hornberger and published by The Future of Freedom Foundation. This book was released on 2009-01-01 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American people are engaged in one of the most epic battles of all time — the battle between socialism and economic liberty. For most of the 20th century and into the 21st century, the United States has moved in the direction of welfare-state socialism. This essay — Economic Liberty and the Constitution — which originally appeared in a multipart series of essays in 2002 and 2003 in The Future of Freedom Foundation’s journal Future of Freedom, focuses on the battle over economic liberty that took place within the judiciary. The essay describes our heritage of economic liberty, tells how it was lost, and explains why it is such an important part of freedom.
Download or read book David's Hammer written by Clint Bolick and published by Cato Institute. This book was released on 2007 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial activism is condemned by both right and left, for good reason: lawless courts are a threat to republican government. But challenging conventional wisdom, constitutional litigator Clint Bolick argues in Davids Hammer that far worse is a judiciary that allows the other branches of government to run roughshod over precious liberties. That, Bolick demonstrates, is exactly the role the framers intended the courts to play, envisioning a judiciary deferential to proper democratic governance but bold in defense of freedom. But the historical record is painfully uneven. During the Warren era.
Book Synopsis Towards a Consistent Economic Liberty Jurisprudence by : Evan D. Bernick
Download or read book Towards a Consistent Economic Liberty Jurisprudence written by Evan D. Bernick and published by . This book was released on 2016 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional status of the right to earn a living has been unresolved for more than half a century. On the one hand, the Supreme Court has consistently affirmed that the Constitution protects Americans' right to choose and pursue a lawful calling. On the other hand, the Court does not consistently seek to determine whether governmental burdens on that right serve constitutionally proper ends. The Court's practical abdication of its duty to “say what the law is” has fostered the proliferation of occupational licensing laws that often have nothing to do with protecting the public from incompetence or fraud and everything to do with protecting politically powerful economic interests from competition in the marketplace. It has also eroded rights that the Court otherwise vigorously protects. Thus, while the Court's protection of freedom of speech is at an historical high-water mark in some regards, the Court has provided virtually no guidance about how the First Amendment applies to restrictions on occupational speech: the speech of tour guides, therapists, and others who earn their living through vocations that consist almost entirely of speaking. The Court's inconsistency has given rise to immense confusion below. While some federal courts of appeals have subjected restrictions on occupational speech to heightened scrutiny, others have concluded that such restrictions do not implicate the First Amendment and have applied rational basis review. And some lower courts reviewing occupational licensing laws under the “rational basis test” have even concluded that legislatures may engage in “mere protectionism” (i.e., pass regulations that exclusively serve to confer economic benefits upon preferred classes of businesspeople). This Essay argues that the Court should hold that mere protectionism is constitutionally impermissible, drawing upon the Court's longstanding rejection of government actions that serve only to impose the preferences of the politically powerful. It also contends that the rational basis test should be replaced with a more rigorous standard of review. Lastly, this Essay explains why the reasoning of the Court's decision in Reed v. Town of Gilbert requires a rule of strict scrutiny for content-based restrictions on occupational speech.
Book Synopsis Drafting a Constitution for a Nation or Republic Emerging into Freedom by : Bernard H. Siegan
Download or read book Drafting a Constitution for a Nation or Republic Emerging into Freedom written by Bernard H. Siegan and published by Rowman & Littlefield. This book was released on 1994-06-07 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bernard H. Siegan describes the terms and provisions that a constitution dedicated to the maintenance of a free society should contain, together with the rationale and philosophy behind them. The author gives special consideration to the newly emerging nations of Eastern Europe and formerly communist countries. Topics covered include the powers of and restraints on the legislature and the president, administrative agencies, the judiciary, judicial rights for the protection of liberty in addition to property rights and economic liberties. Siegan also includes a suggested model constitution.
Download or read book Death Grip written by Clint Bolick and published by Hoover Institution Press Publi. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an 1873 decision, the Supreme Court by a 5-4 vote--highly unusual in those days--upheld a bribery-procured Louisiana slaughterhouse monopoly that had been challenged by a group of butchers whose businesses were jeopardized. By that decision (called the Slaughter-House cases), one of the most important and beneficial products of the Civil War--a revolutionary constitutional provision intended to protect civil rights against oppression by state governments--was nullified. The repercussions of that unfortunate decision are still being felt today. In Death-Grip: Loosening the Law's Stranglehold over Economic Liberty, Clint Bolick looks at the state of economic liberty in our country today and explains how the consequences of Slaughter-House continue to manifest themselves to this day. Bolick examines the history and intent of the Fourteenth Amendment and the judicial nullification of the privileges (or immunities) clause in the Slaughter-House cases and their aftermath through the years. Looking at more recent decisions, he sees hope in the current campaign to restore economic liberty as a fundamental civil right. Armed with knowledge, passion, and commitment to principle, he concludes, we can win the battle to restore economic liberty once and for all.
Book Synopsis The Right to Earn a Living by : Timothy Sandefur
Download or read book The Right to Earn a Living written by Timothy Sandefur and published by Cato Institute. This book was released on 2010-10-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s founders thought the right to earn a living was so basic and obvious that it didn’t need to be mentioned in the Bill of Rights. The Right to Earn a Living charts the history of this fundamental human right, from the constitutional system that was designed to protect it by limiting government’s powers, to the Civil War Amendments that expanded protection to all Americans, regardless of race.
Book Synopsis The Rise and Fall of Economic Due Process by : Bernard H. Siegan
Download or read book The Rise and Fall of Economic Due Process written by Bernard H. Siegan and published by . This book was released on 1983 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Progressive Assault on Laissez Faire by : Barbara H. Fried
Download or read book The Progressive Assault on Laissez Faire written by Barbara H. Fried and published by Harvard University Press. This book was released on 2009-07-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.
Book Synopsis Private Property Rights, Eminent Domain, and the Judiciary by : Kevin L. DeWitt
Download or read book Private Property Rights, Eminent Domain, and the Judiciary written by Kevin L. DeWitt and published by . This book was released on 1990 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitution of Liberty by : F.A. Hayek
Download or read book The Constitution of Liberty written by F.A. Hayek and published by Routledge. This book was released on 2020-06-29 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.
Book Synopsis How Courts Govern America by : Richard Neely
Download or read book How Courts Govern America written by Richard Neely and published by Yale University Press. This book was released on 1981-01-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Political Science. A witty defense of judicial activism.--National Review. Must reading for any student of government.--Washington Monthly
Book Synopsis Business and the Roberts Court by : Jonathan H. Adler
Download or read book Business and the Roberts Court written by Jonathan H. Adler and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the Roberts Court "pro-business"? If so, what does this mean for the law and the American people? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how the Roberts Court has treated business and business law.
Book Synopsis Our Republican Constitution by : Randy E. Barnett
Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
