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Author : Richard Allen Epstein
Publisher :
ISBN 13 :
Total Pages : 602 pages
Book Rating : 4.:/5 (11 download)
Download or read book Economics of Constitutional Law written by Richard Allen Epstein and published by . This book was released on 2009 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard Allen Epstein
Publisher :
ISBN 13 : 9781847201133
Total Pages : 602 pages
Book Rating : 4.2/5 (11 download)
Download or read book Economics of constitutional law. 1. The structural constitution written by Richard Allen Epstein and published by . This book was released on 2009 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Conant
Publisher : Routledge
ISBN 13 : 1351298305
Total Pages : 536 pages
Book Rating : 4.3/5 (512 download)
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.
Author : Tony Prosser
Publisher :
ISBN 13 : 0199644535
Total Pages : 296 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Economic Constitution written by Tony Prosser and published by . This book was released on 2014 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been little analysis of the constitutional framework for management of the UK economy, either in constitutional law or regulatory studies. This is in contrast to many other countries where the concept of an 'economic constitution' is well established, as it is in the law of the European Union. Given the extensive role of the state in attempting to resolve recent financial crises in the UK and elsewhere in Europe, it is particularly important to develop such an analysis. This book sets out different meanings of an economic constitution, and applies them to key areas of economic management, including taxation and public borrowing, the management of public spending, (including the Spending Review), monetary policy, financial services regulation, industrial policy (including state shareholdings) and government contracting. It analyses the key institutions involved such as the Treasury and the Bank of England, also including a number of less well-known bodies such as the Office for Budget Responsibility. There is also coverage of the international context in which these institutions operate especially the European Union and the World Trade Organisation. It thus provides an account of the public law applying to economic management in the UK. This book also adopts a critical approach, assessing the degree to which there is coherence in the arrangements for economic management, the degree to which economic policy-making is constrained by constitutional norms, and the degree to which economic management is subject to deliberation and accountability through Parliament, the courts and other institutions.
Author : Ralph A. Rossum
Publisher : Routledge
ISBN 13 : 1000124355
Total Pages : 854 pages
Book Rating : 4.0/5 (1 download)
Download or read book American Constitutional Law, Volume I written by Ralph A. Rossum and published by Routledge. This book was released on 2019-07-23 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito’s majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court’s continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch’s compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.
Author : David W. Barnes
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.3/5 ( download)
Download or read book The Economics of Constitutional Law and Public Choice written by David W. Barnes and published by West Academic Publishing. This book was released on 1992 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the economic justifications for a coercive state; the economic and distributional implications of using legislative voting to make collective decisions; and the economic logic of constitutional devices such as separation of powers, an independent judiciary, and special protections for the political and property rights of individuals and oppressed classes. The analysis of constitutional law highlights the distribution of power among society's members and the distribution implications of alternative mechanism for institutionalizing state coercion.
Author : Ralph A. Rossum
Publisher : Routledge
ISBN 13 : 0429975066
Total Pages : 1529 pages
Book Rating : 4.4/5 (299 download)
Download or read book American Constitutional Law, Volume I written by Ralph A. Rossum and published by Routledge. This book was released on 2018-05-04 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the distribution of power in the national government and explores how the constitutional scheme of separation of powers and checks and balances grants and controls power. It examines how the American Constitution and its amendments oblige the national and state governments.
Author : Charles A. Beard
Publisher : Courier Corporation
ISBN 13 : 0486140458
Total Pages : 338 pages
Book Rating : 4.4/5 (861 download)
Download or read book An Economic Interpretation of the Constitution of the United States written by Charles A. Beard and published by Courier Corporation. This book was released on 2012-03-08 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic study — one of the most influential in the area of American economic history — questioned the founding fathers' motivations and prompted new perceptions of the supreme law of the land.
Author : Richard B. McKenzie
Publisher : Lexington Books
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)
Download or read book Constitutional Economics written by Richard B. McKenzie and published by Lexington Books. This book was released on 1984 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on papers from a conference sponsored by the Heritage Foundation."A Heritage Foundation book"--Jacket. Includes bibliographical references.
Author : Michel Rosenfeld
Publisher : OUP Oxford
ISBN 13 : 0191640166
Total Pages : 1416 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Author : Charles Austin Beard
Publisher :
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.F/5 ( download)
Download or read book An Economic Interpretation of the Constitution of the United States written by Charles Austin Beard and published by . This book was released on 1913 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Austin Beard
Publisher : Theclassics.Us
ISBN 13 : 9781230283418
Total Pages : 102 pages
Book Rating : 4.2/5 (834 download)
Download or read book An Economic Interpretation of the Constitution of the United States written by Charles Austin Beard and published by Theclassics.Us. This book was released on 2013-09 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... CHAPTER V THE ECONOMIC INTERESTS OF THE MEMBERS OF THE CONVENTION Having shown that four groups of property rights were adversely affected by the government under the Articles of Confederation, and that economic motives were behind the movement for a reconstruction of the system, it is now necessary to inquire whether the members of the Convention which drafted the Constitution represented in their own property affiliations any or all of these groups. In other words, did the men who formulated the fundamental law of the land possess the kinds of property which were immediately and directly increased in value or made more secure by the results of their labors at Philadelphia? Did they have money at interest? Did they own public securities? Did they hold western lands for appreciation? Were they interested in shipping and manufactures? The purpose of such an inquiry is not, of course, to show that the Constitution was made for the personal benefit of the members of the Convention. Far from it. Neither is it of any moment to discover how many hundred thousand dollars accrued to them as a result of the foundation of the new government. The only point here considered is: Did they represent distinct groups whose economic interests they understood and felt in concrete, definite form through their own personal experience with identical property rights, or were they working merely under the guidance of abstract principles of political science? Unfortunately, the materials for such a study are very scanty, because the average biographer usually considers as negligible the processes by which his hero gained his livelihood. The pages which follow are, therefore, more an evidence of what ought to be done than a record of results actually...
Author : Geoffrey R. Stone
Publisher :
ISBN 13 : 9780735577190
Total Pages : 0 pages
Book Rating : 4.5/5 (771 download)
Download or read book Constitutional Law written by Geoffrey R. Stone and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long among the leading casebooks in its field, Constitutional Law, Sixth Edition, offers a rich selection of critical and social perspectives on constitutional issues. With incisive analysis and a multi-disciplinary approach, this luminary author team offers a full and nuanced exploration of constitutional themes. A contemporary view of constitutional law within a traditional doctrinal structure, Constitutional Law, Sixth Edition, features: a range of critical and social perspectives a multi-disciplinary approach that includes political theory, philosophy, sociology, ethics, history, and economics a combination of lightly and more tightly edited cases that encourages close textual analysis while providing a range of important opinions and pivotal cases brilliant text and note material that summarizes the state of the law and its development a logical two-part organization: balance of powers among the Supreme Court and local, state, and federal governments the rights and powers of individuals comprehensive coverage that is ideal for a two-semester course annual supplementation—in this annual supplement, The First Amendment materials are separated out to facilitate research outstanding coverage of First Amendment law, now updated and revised to incorporate: cases and materials on campaign finance regulation sexual expression, child pornography, and commercial advertising Along with streamlined note material, The Sixth Edition provides new, revised, and updated coverage that includes: the Constitution And The war on terror the Court's use of foreign law material the law and politics of abortion vote dilution, political gerrymandering, and requirements treaties and federal power as tied To The Court's decision in Medellin v. Texas Reconstruction Amendments in light of Nevada v. Hibbs and Tennessee v. Lane substantially revised school desegregation materials, with Parents Involved in Community Schools v. Seattle School District No. 1 revised materials on sexual orientation climate change and standing Constitutional Law, Sixth Edition provides rich notes, text, and material that will deepen your students' understanding of constitutional issues far beyond doctrinal analysis alone.
Author : James D. Gwartney
Publisher : JAI Press(NY)
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.F/5 ( download)
Download or read book Public Choice and Constitutional Economics written by James D. Gwartney and published by JAI Press(NY). This book was released on 1988 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five of the papers were originally developed at a symposium on government, the economy, and the constitution sponsored by the Policy Sciences Program of Florida State University in March 1986 and subsequently published in the Cato journal, fall 1987. Includes bibliographies and indexes.
Author : Ralph A. Rossum
Publisher : Westview Press
ISBN 13 : 9780813344782
Total Pages : 0 pages
Book Rating : 4.3/5 (447 download)
Download or read book American Constitutional Law, Volume I written by Ralph A. Rossum and published by Westview Press. This book was released on 2009-07-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law provides a comprehensive account of the nation’s defining document. Based on the premise that the study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America, this text puts current events in terms of what those who initially drafted and ratified the Constitution sought to accomplish. The authors examine the constitutional thought of the founders, as well as interpretations of the Constitution by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Now fully updated, the eighth edition of this classic volume focuses on individuals’ rights and responsibilities and incorporates nine new cases, including District of Columbia v. Heller, In re Marriage Cases, Kennedy v. Louisiana, and Parents Involved in Community Schools v. Seattle School District No. 1. Also available in its eighth edition from authors Ralph A. Rossum and G. Alan Tarr: American Constitutional Law, Volume I: The Structure of Government (Westview Press, ISBN 978-0-8133-4477-5).
Author : Ralph A. Rossum
Publisher : Westview Press
ISBN 13 : 9780813344775
Total Pages : 0 pages
Book Rating : 4.3/5 (447 download)
Download or read book American Constitutional Law, Eighth Edition, Volume 1 written by Ralph A. Rossum and published by Westview Press. This book was released on 2009-07-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive core textbook and casebook that emphasizes precedent setting cases and alternative constitutional positions for courses in constitutional law and civil liberties
Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1107020565
Total Pages : 407 pages
Book Rating : 4.1/5 (7 download)
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
