Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Property And The Constitution
Download Property And The Constitution full books in PDF, epub, and Kindle. Read online Property And The Constitution ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Private Property and the Constitution by : Bruce Ackerman
Download or read book Private Property and the Constitution written by Bruce Ackerman and published by Yale University Press. This book was released on 2008-10-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
Book Synopsis Liberty, Property, and the Foundations of the American Constitution by : Ellen Frankel Paul
Download or read book Liberty, Property, and the Foundations of the American Constitution written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-01-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
Book Synopsis Private Property and the Limits of American Constitutionalism by : Jennifer Nedelsky
Download or read book Private Property and the Limits of American Constitutionalism written by Jennifer Nedelsky and published by University of Chicago Press. This book was released on 1994-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalists vision of the Constitution; an interdisciplinary investigation.
Book Synopsis Land Use and the Constitution by : Brian W. Blaesser
Download or read book Land Use and the Constitution written by Brian W. Blaesser and published by Routledge. This book was released on 1989-01-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical handbook explains eight constitutional principles and applies them to real-world planning situations. These statements of principles reflect consensus opinions, but the book also discusses points of dissent. It includes detailed summaries of more than fifty U.S. Supreme Court cases affecting land-use planning, along with a comprehensive table of contents, a cross-referenced index, three matricies that relate sections of the book to one another, and a summary of constitutional principles that relates them to land-use planning techniques. All of these features make it easy to locate key constitutional principles quickly. This book is the result of a 1987 symposium that brought together two dozen leading practitioners and scholars in the fields of planning and law.
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.
Book Synopsis The Guardian of Every Other Right by : James W. Ely
Download or read book The Guardian of Every Other Right written by James W. Ely and published by Oxford University Press on Demand. This book was released on 2008 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. The third edition has been completely revised and updated.
Book Synopsis Cornerstone of Liberty by : Timothy Sandefur
Download or read book Cornerstone of Liberty written by Timothy Sandefur and published by Cato Institute. This book was released on 2006-10-25 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”
Book Synopsis Private Property and the Constitution by : James Huffman
Download or read book Private Property and the Constitution written by James Huffman and published by Springer. This book was released on 2013-12-05 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.
Book Synopsis Property Rights and the Constitution by : Dennis J. Coyle
Download or read book Property Rights and the Constitution written by Dennis J. Coyle and published by State University of New York Press. This book was released on 1993-07-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.
Book Synopsis Private Property and the Constitution by : Bruce A. Ackerman
Download or read book Private Property and the Constitution written by Bruce A. Ackerman and published by . This book was released on 1977 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Property Rights and Social Justice by : Rachael Walsh
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Book Synopsis Property Law For Dummies by : Alan R. Romero
Download or read book Property Law For Dummies written by Alan R. Romero and published by John Wiley & Sons. This book was released on 2013-01-08 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools. Property Law For Dummies tracks to a typical property law course and introduces you to property law and theory, exploring different types of property interests—particularly "real property." In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations. Tracks to a typical property law course Plain-English explanations make it easier to grasp property law concepts Serves as excellent supplemental reading for anyone preparing for their state's Bar Exam The information in Property Law For Dummies benefits students enrolled in a property law course as well as non-students, landlords, small business owners, and government officials, who want to know more about the ins and outs property law.
Book Synopsis Cato Handbook for Policymakers by : Cato Institute
Download or read book Cato Handbook for Policymakers written by Cato Institute and published by Cato Institute. This book was released on 2008 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.
Book Synopsis Property and the Constitution by : Janet McLean
Download or read book Property and the Constitution written by Janet McLean and published by Hart Publishing. This book was released on 1999-08-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Constitutional Property Law by : Andries Johannes Van der Walt
Download or read book Constitutional Property Law written by Andries Johannes Van der Walt and published by . This book was released on 2005 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successor to the 1997 publication : The constitutional property clause : a comparative analysis of section 25 of the South African Constitution of 1996.
Download or read book Property Rights written by Bernard Siegan and published by Routledge. This book was released on 2018-04-24 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
Book Synopsis Property Rights and the Constitution by : Dennis J. Coyle
Download or read book Property Rights and the Constitution written by Dennis J. Coyle and published by SUNY Press. This book was released on 1993-01-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussion of current trends in the constitutional protection of economic liberties. 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. --From publisher description.