Kelo And The Constitutional Revolution That Wasnt

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Cases and Text on Property

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Author : Susan F. French
Publisher : Aspen Publishing
ISBN 13 : 1543857663
Total Pages : 1211 pages
Book Rating : 4.5/5 (438 download)

Book Synopsis Cases and Text on Property by : Susan F. French

Download or read book Cases and Text on Property written by Susan F. French and published by Aspen Publishing. This book was released on 2024-05-31 with total page 1211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and streamlined Eighth Edition of Cases and Text on Property is smart, compact, and thoughtful. The carefully selected and edited cases and problems give students what they need to learn about Property law in the 21st Century. New to the 8th Edition: Nadav Shoked, Professor of Law at the Pritzker School of Law, Northwestern University, and Hannah Wiseman, Professor of Law and Professor in the College of Earth and Mineral Sciences, Pennsylvania State University join the author team. Their dynamism, intellectual vigor, commitment to students, and interest in recent iterations of property law are reflected in this latest edition. Reflecting new developments as well as a re-examination of existing doctrine, increased attention is given to the treatment of Native American title to land, core tensions in family property law, recent trends in public trust litigation, climate change and its relation to energy law, discrimination in housing and land policy, the effect of Covid-19 on landlord and tenant law and land contracts in general, and the intersection of torts and property. The addition to Chapter 1 of Public Lands Access Assn v. Bd. of County Commrs, dealing with public rights to waterways. Tee-Hit-Ton Indians v. U.S., was added to Chapter 2, illustrating the limited recognition of Native American land claims. Chapter 6 (Concurrent Estates) was expanded to include materials on family property, including Ferrill v. Ferrill (dealing with mortgage expenses for marital property), Sawada v. Endo (covering exposure of marital property to creditors of one spouse), O’Brien v. O’Brien (recognizing a medical license as marital property), and Marvin v. Marvin (recognizing rights in shared property held by a married couple). Important new cases Oakwood Village v. Albertsons; Oak Street LLC v. RDR Enterprises; Coker v. JPMorgan Chase Bank; and Martin v. Cockrell. The authors have continued to revise and streamline the casebook without adding additional pages to this new edition. Professors and students will benefit from: A casebook well-suited for a 4-unit Property course, but also with sufficient material that it can readily be adapted for a 5- or 6-unit course. Traditional cases-and-notes pedagogy with integrated problems. The introductory chapters put contemporary property law in historical context. A casebook renowned for its absorbing text and teachable cases that many users have stayed with for the entire span of their careers. A comprehensive Teacher’s Manual with brief suggestions for teaching every case, answers to questions asked in the notes, and maps and diagrams to explain difficult cases and problems.

The Grasping Hand

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Author : Ilya Somin
Publisher : University of Chicago Press
ISBN 13 : 022625674X
Total Pages : 369 pages
Book Rating : 4.2/5 (262 download)

Book Synopsis The Grasping Hand by : Ilya Somin

Download or read book The Grasping Hand written by Ilya Somin and published by University of Chicago Press. This book was released on 2015-05-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

Active Liberty

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Author : Stephen Breyer
Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.3/5 (74 download)

Book Synopsis Active Liberty by : Stephen Breyer

Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Little Pink House

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Author : Jeff Benedict
Publisher : Grand Central Publishing
ISBN 13 : 0446544442
Total Pages : 325 pages
Book Rating : 4.4/5 (465 download)

Book Synopsis Little Pink House by : Jeff Benedict

Download or read book Little Pink House written by Jeff Benedict and published by Grand Central Publishing. This book was released on 2009-01-26 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Little Pink House, award-winning investigative journalist Jeff Benedict takes us behind the scenes of this case—indeed, Suzette Kelo speaks for the first time about all the details of this inspirational true story as one woman led the charge to take on corporate America to save her home. Suzette Kelo was just trying to rebuild her life when she purchased a falling down Victorian house perched on the waterfront in New London, CT. The house wasn't particularly fancy, but with lots of hard work Suzette was able to turn it into a home that was important to her, a home that represented her new found independence. Little did she know that the City of New London, desperate to revive its flailing economy, wanted to raze her house and the others like it that sat along the waterfront in order to win a lucrative Pfizer pharmaceutical contract that would bring new business into the city. Kelo and fourteen neighbors flat out refused to sell, so the city decided to exercise its power of eminent domain to condemn their homes, launching one of the most extraordinary legal cases of our time, a case that ultimately reached the United States Supreme Court. "Passionate...a page-turner with conscience." —Publishers Weekly "Catherine Keener nails the combination of anger, grace, and attitude that made Susette Kelo a nationally known crusader." —Deadline Hollywood

The Bill of Rights

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Author : Linda R. Monk
Publisher : Hachette Books
ISBN 13 : 0316417750
Total Pages : 491 pages
Book Rating : 4.3/5 (164 download)

Book Synopsis The Bill of Rights by : Linda R. Monk

Download or read book The Bill of Rights written by Linda R. Monk and published by Hachette Books. This book was released on 2018-04-10 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a foreword by Justice Ruth Bader Ginsburg of the U.S. Supreme Court. An Engaging, Accessible Guide to the Bill of Rights for Everyday Citizens. In The Bill of Rights: A User's Guide, award-winning author and constitutional scholar Linda R. Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights. Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it." Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.

Takings

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Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

Book Synopsis Takings by : Richard A. Epstein

Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Interpreting State Constitutions

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Author : James A. Gardner
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.3/5 (91 download)

Book Synopsis Interpreting State Constitutions by : James A. Gardner

Download or read book Interpreting State Constitutions written by James A. Gardner and published by . This book was released on 2005 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpreting State Constitutions examines and proposes a solution to a problem central to contemporary debates over the enforcement of civil liberties: how courts, government officials, and lawyers should go about interpreting the constitutions of the American states. With the Supreme Court's retreat from the aggressive protection of individual rights, state courts have begun to interpret state constitutions to provide broader protection of liberties. This development has reversed the polarity of constitutional politics, as liberals advocate unimpeded state power while conservatives lobby for state subordination to a constitutional law controlled centrally by the Supreme Court. James A. Gardner here lays out the first fully developed theory of subnational constitutional interpretation. He argues that states are integral components of a national system of overlapping and mutually checking authority and that the purpose of this system is to protect liberty and defend against federal domination. The resulting account provides valuable prescriptive advice to state courts, showing them how to fulfill their responsibilities to the federal system in a way that strengthens American constitutional discourse.

Evicted!

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Author : David Schultz
Publisher : Bloomsbury Publishing USA
ISBN 13 : 031335345X
Total Pages : 241 pages
Book Rating : 4.3/5 (133 download)

Book Synopsis Evicted! by : David Schultz

Download or read book Evicted! written by David Schultz and published by Bloomsbury Publishing USA. This book was released on 2009-12-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evicted! is a practical and critical look at the vulnerability of Americans' property rights to eminent domain abuse since the Supreme Court's 2005 Kelo decision. The 2005 Supreme Court decision Kelo v. City of New London, which upheld the taking of an individual's home by local government for the sake of private development, unleashed a firestorm of controversy. The backlash against eminent domain cuts across partisan, ideological, and racial lines, with 4 out of 5 Americans opposing Kelo. Critics of Kelo claim that it represents a radical departure in the law, putting every homeowner in jeopardy of dispossession by government at the service of corporate interests. But are property rights and eminent domain truly in mortal conflict? Written for general readers, property owners, and local government officials seeking to understand the implications of Kelo for eminent domain and property law, Evicted! cuts through all the hype and hysteria surrounding Kelo and argues that the alleged wave of eminent domain abuse is mostly a myth. Evicted! describes what property rights are, why the law protects them, and how eminent domain really works. Schultz shows that Kelo did not make new law but only broadened Supreme Court precedents, and he refutes claims that Kelo has opened the way to widespread eminent domain abuse. Nevertheless, the author identifies certain legislative changes that are needed at the local, state, and national levels to better protect individual property owners when corporate thugs and corrupt government officials occasionally gang up against them.

Overruled

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Author : Damon Root
Publisher : Macmillan + ORM
ISBN 13 : 1137474688
Total Pages : 278 pages
Book Rating : 4.1/5 (374 download)

Book Synopsis Overruled by : Damon Root

Download or read book Overruled written by Damon Root and published by Macmillan + ORM. This book was released on 2014-11-04 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Damon Root, a senior editor of Reason magazine, Overruled: The Long War for Control of the U.S. Supreme Court is “the most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues” (The Washington Post). Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today’s blockbuster legal battles over gay rights, gun control, and health care reform. It’s a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. But many libertarians have no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.

Kelo and the Constitutional Revolution that Wasn't

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Author : Bethany R. Berger
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (144 download)

Book Synopsis Kelo and the Constitutional Revolution that Wasn't by : Bethany R. Berger

Download or read book Kelo and the Constitutional Revolution that Wasn't written by Bethany R. Berger and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wesley Horton and Brendon Levesque are right that public outrage over Kelo has overshadowed the real facts of the New London plan, and that the decision only affirmed well-established precedent. But while the facts were on New London's side, those facts were harder to translate to the public sympathy than the story of the white, female plaintiffs effectively publicized by the Institute for Justice in the case. Kelo is also not Dred Scott in even more ways than Horton and Levesque state. Unlike Scott v. Sandford, Kelo preserved the rights of individuals to challenge taking of their homes and receive compensation for the same. For lead plaintiff Susette Kelo, this right to compensation resulted in a pay-out of about four times the value of her little pink house. And while Scott v. Sandford helped trigger a constitutional revolution, Kelo remains good law, and the state legal response to it is more show than substance. Although I agree with the authors on the big picture, I suggest caution on their proposal for curbing eminent domain abuse. The scrutiny for pretext they propose was established well before Kelo, but some of the factors they suggest would discourage public-private partnerships that may more effectively achieve public goals. While judges must police governments for bias and favoritism, having inexpert judges make decisions that are better left to planning experts and the public process will not achieve this end.

Abuse of Power

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Author : Steven Greenhut
Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.3/5 (91 download)

Book Synopsis Abuse of Power by : Steven Greenhut

Download or read book Abuse of Power written by Steven Greenhut and published by . This book was released on 2004 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of eminent domain looks at the concept of "public use," the injustice and unfairness inherent in the definition when it is based on tax revenue, and the people who are fighting back to preserve their property rights.

The Power of American Governors

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Author : Thad Kousser
Publisher : Cambridge University Press
ISBN 13 : 1139576933
Total Pages : 301 pages
Book Rating : 4.1/5 (395 download)

Book Synopsis The Power of American Governors by : Thad Kousser

Download or read book The Power of American Governors written by Thad Kousser and published by Cambridge University Press. This book was released on 2012-09-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: With limited authority over state lawmaking, but ultimate responsibility for the performance of government, how effective are governors in moving their programs through the legislature? This book advances a new theory about what makes chief executives most successful and explores this theory through original data. Thad Kousser and Justin H. Phillips argue that negotiations over the budget, on the one hand, and policy bills on the other are driven by fundamentally different dynamics. They capture these dynamics in models informed by interviews with gubernatorial advisors, cabinet members, press secretaries and governors themselves. Through a series of novel empirical analyses and rich case studies, the authors demonstrate that governors can be powerful actors in the lawmaking process, but that what they're bargaining over – the budget or policy – shapes both how they play the game and how often they can win it.

Among the Truthers

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Author : Jonathan Kay
Publisher : Harper Collins
ISBN 13 : 0062079344
Total Pages : 346 pages
Book Rating : 4.0/5 (62 download)

Book Synopsis Among the Truthers by : Jonathan Kay

Download or read book Among the Truthers written by Jonathan Kay and published by Harper Collins. This book was released on 2011-05-17 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 9/11 conspiracy theorists and UFO obsessives tothe cult of Ayn Rand and Birthercrusaders, America is suffering from an explosion in post-rationalistideological movements. In Among the Truthers,journalist Jonathan Kay offers a thoughtful and sobering look at how socialnetworking and Web-based video sharing have engendered a flourishing of new conspiracism. Kay details the sociological profiles of tenbrands of modern conspiracists—the Failed Historian,the Mid-Life Crack-Up, the Damaged Survivor, the Campus Revolutionary, theStoner, the Clinical Case, the Puzzle Solver, the Christian Doomsayer, the CosmicVoyager, and the Egomaniac—in a compelling exploration of America’s departurefrom reason and what it means for the very future of rational discourse as thenation steps further into the 21st century.

Plunder

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Author : Ugo Mattei
Publisher : John Wiley & Sons
ISBN 13 : 1405178949
Total Pages : 306 pages
Book Rating : 4.4/5 (51 download)

Book Synopsis Plunder by : Ugo Mattei

Download or read book Plunder written by Ugo Mattei and published by John Wiley & Sons. This book was released on 2008-03-17 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?

In The Name of Justice

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Author : Timothy Lynch
Publisher : Cato Institute
ISBN 13 : 1935308254
Total Pages : 285 pages
Book Rating : 4.9/5 (353 download)

Book Synopsis In The Name of Justice by : Timothy Lynch

Download or read book In The Name of Justice written by Timothy Lynch and published by Cato Institute. This book was released on 2009-02-24 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s criminal codes are so voluminous that they now bewilder not only the average citizen but also the average lawyer. Our courthouses are so clogged that there is no longer adequate time for trials. And our penitentiaries are overflowing with prisoners. In fact, America now has the highest per capita prison population in the world. This situation has many people wondering whether the American criminal justice system has become dysfunctional. A generation ago Harvard Law Professor Henry Hart Jr. published his classic article, “The Aims of the Criminal Law,” which set forth certain fundamental principles concerning criminal justice. In this book, leading scholars, lawyers, and judges critically examine Hart’s ideas, current legal trends, and whether the “first principles” of American criminal law are falling by the wayside. Policymakers, academics, and citizens alike will enjoy this lively discussion on the nature of crime and punishment, and how the choices we make in formulating criminal laws can impact liberty, security, and justice.

Judge Knot

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Author : Todd N. Tucker
Publisher : Anthem Press
ISBN 13 : 1783087935
Total Pages : 226 pages
Book Rating : 4.7/5 (83 download)

Book Synopsis Judge Knot by : Todd N. Tucker

Download or read book Judge Knot written by Todd N. Tucker and published by Anthem Press. This book was released on 2018-03-30 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS. Since 1990, investors have launched hundreds of claims against government regulation. This exclusive inside look explains what makes the system tick: its poorly understood centuries-old origins, why corporations demand investment law solutions to political problems, how arbitrators supply these solutions, and why the system lasts despite the many politicians and citizens unhappy with it. Building off of an unprecedented set of interviews with the arbitrators who actually decide the cases, ‘Judge Knot’ brings together the best of political science, law and development economics scholarship and offers a concrete alternative to ISDS that leverages what works about the system and discards what does not, so that international law can be more supportive of democracy and development goals.

Business Law and the Legal Environment

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Author : Jethro K. Lieberman
Publisher :
ISBN 13 : 9780155055186
Total Pages : 1400 pages
Book Rating : 4.0/5 (551 download)

Book Synopsis Business Law and the Legal Environment by : Jethro K. Lieberman

Download or read book Business Law and the Legal Environment written by Jethro K. Lieberman and published by . This book was released on 1993-04 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt: