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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 : 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 : 1606 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 1606 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 : Bernard H. Siegan
Publisher : Routledge
ISBN 13 : 1351312510
Total Pages : 435 pages
Book Rating : 4.3/5 (513 download)
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 435 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 welfaremost 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 reasonthe necessityfor 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.
Author : Ellen Frankel Paul
Publisher : SUNY Press
ISBN 13 : 9780791403044
Total Pages : 356 pages
Book Rating : 4.4/5 (3 download)
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.
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 : Tony Prosser
Publisher : Oxford University Press, USA
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 Oxford University Press, USA. This book was released on 2014 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines the constitutional framework for management of the economy in the UK, including the effects of the 2008 financial crisis. It assesses the extent to which legal principles limit the policy choices available to government and the extent to which they permit a coherent approach to economic management across government.
Author : Louis Fisher
Publisher :
ISBN 13 : 9781594609558
Total Pages : 0 pages
Book Rating : 4.6/5 (95 download)
Download or read book American Constitutional Law written by Louis Fisher and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paperback volume (subtitled "Constitutional Rights: Civil Rights and Civil Liberties") includes chapters 10 through 19 of Fisher/Harriger, American Constitutional Law, Ninth Edition (hardback). Now in its ninth edition, American Constitutional Law is the only book that develops constitutional law in the comprehensive sense. Along with containing analyses and excerpts of court decisions, the book highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue rather than passively receive a series of unilateral judicial commands. It covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. The book includes readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and other statements, state actions, Federalist papers, and professional journals. It also includes a chapter on equal protection that addresses immigration law and the rights of aliens.
Author : Charles Lund Black
Publisher :
ISBN 13 : 9780918024442
Total Pages : 0 pages
Book Rating : 4.0/5 (244 download)
Download or read book Structure and Relationship in Constitutional Law written by Charles Lund Black and published by . This book was released on 1985 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : Michael C. Dorf
Publisher :
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4.3/5 ( download)
Download or read book Constitutional Law Stories written by Michael C. Dorf and published by . This book was released on 2009 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dorf's Constitutional Law Stories provides a student with an understanding of 15 leading U.S. constitutional law cases. It focuses on how lawyers, judges, and socioeconomic factors shaped the litigation, and why the cases have attained landmark status. This book is suitable for adoption as a supplement in an introductory constitutional law course or as a text for an advanced seminar.
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 : 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 : Charles A. Beard
Publisher :
ISBN 13 : 9781981889877
Total Pages : 312 pages
Book Rating : 4.8/5 (898 download)
Download or read book An Economic Interpretation of the Constitution of the United States written by Charles A. Beard and published by . This book was released on 2017-12-20 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Economic Interpretation of the Constitution of the United States is a 1913 book by American historian Charles A. Beard. It argues that the structure of the Constitution of the United States was motivated primarily by the personal financial interests of the Founding Fathers. More specifically, Beard contends that the Constitutional Convention was attended by, and the Constitution was therefore written by, a "cohesive" elite seeking to protect its personal property (especially bonds) and economic standing. Beard examined the occupations and property holdings of the members of the convention from tax and census records, contemporaneous news accounts, and biographical sources, demonstrating the degree to which each stood to benefit from various Constitutional provisions. Beard pointed out, for example, that George Washington was the wealthiest landowner in the country, and had provided significant funding towards the Revolution. Beard traces the Constitutional guarantee that the newly formed nation would pay its debts to the desire of Washington and similarly situated lenders to have their costs refunded.
Author : Charles A. Beard
Publisher : Courier Corporation
ISBN 13 : 0486140458
Total Pages : 336 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 336 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 : Louis Fisher
Publisher :
ISBN 13 : 9781611638103
Total Pages : 0 pages
Book Rating : 4.6/5 (381 download)
Download or read book American Constitutional Law written by Louis Fisher and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paperback volume (subtitled Constitutional Structures: Separated Powers and Federalism) includes Chapters 1 through 9 of American Constitutional Law, Eleventh Edition (hardback), plus the concluding chapter, "Efforts to Curb the Court." This book, in addition to analyzing and including excerpts of court decisions, highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue about the meaning of the Constitution. It therefore rejects the idea that elected leaders and the public must passively receive and obey a series of unilateral and final judicial commands. The book covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. Included are readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and statements, opinions of the Office of Legal Counsel in the Justice Department, state activity, Federalist papers, and professional journals. After introductory chapters on constitutional politics, the doctrine of judicial review, threshold requirements, judicial organization, and the process and strategy of decision making, the book focuses on these substantive areas: separation of powers (domestic and foreign affairs), federal-state relations, economic liberties, free speech and free press, religious freedom, due process, search and seizure, race, equal protection, privacy, and political participation. The book concludes with a chapter on efforts to curb the Supreme Court. Professors may choose between the one-volume casebound book or two paperbacks: Volume 1 on "Constitutional Structures: Separated Powers and Federalism," and Volume 2 on "Constitutional Rights: Civil Rights and Civil Liberties."
