The Impact of Constitutional Protection of Economic Rights on Entrepreneurship

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Publisher :
ISBN 13 : 9781638281108
Total Pages : 0 pages
Book Rating : 4.2/5 (811 download)

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Book Synopsis The Impact of Constitutional Protection of Economic Rights on Entrepreneurship by : Emanuela Carbonara

Download or read book The Impact of Constitutional Protection of Economic Rights on Entrepreneurship written by Emanuela Carbonara and published by . This book was released on 2023-02-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Constitutional Protection of Economic Rights on Entrepreneurship: A Taxonomic Survey highlights how characteristics of the legal infrastructure of a country can create conditions that enhance new business creation. It is an exploration of the institutional determinants of entrepreneurship and the way these can affect the observed cross-country differences in the creation of new firms. The main aim is to analyze 195 constitutions, singling out the provisions that enhance economic freedom and are thus likely to create an institutional and legal setup favorable to new business creation. The study tries to answer a question of primary importance for the analysis of entrepreneurship. Does the constitutional protection of principles and values usually associated with a country's endowment of entrepreneurship capital and presence of small firms positively influence the rate of new firm formation and the total endowment of entrepreneurship capital in that country? The remainder of this monograph is structured as follows. Section 2 discusses the importance of institutions in shaping the entrepreneurship capital of a country and favoring the emergence of entrepreneurial ecosystems. Section 3 describes how higher-rank formal institutions represented by actual constitutional provisions affect the design of lower rank norms and regulations of primary importance for economic activity. Section 4 outlines the features of 'economic constitutions', i.e. of constitutional provisions playing a key role in the management of a country's economy. Section 5 gives an overview of alternative measures of entrepreneurship and discusses their implications for empirical analysis. Section 6 focuses on the countries that have adopted the principles of 'economic constitutions' in their written constitutions and discusses the impact of the de jure and de facto implementation of such principles on entrepreneurship. Section 7 shows how the prevailing psychological traits of a country's population may shape the impact of constitutional provisions on its proneness to entrepreneurship and sheds light on the relationship between constitutional provisions and the observed cross-country and cross-industry differences in labor productivity. Finally, Section 8 concludes and provides some recommendations for entrepreneurship policy.

The Impact of Constitutional Protection of Economic Rights on Entrepreneurship

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ISBN 13 : 9781638281115
Total Pages : 0 pages
Book Rating : 4.2/5 (811 download)

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Book Synopsis The Impact of Constitutional Protection of Economic Rights on Entrepreneurship by : EMANUELA CARBONARA; ENRICO SANTARELLI.

Download or read book The Impact of Constitutional Protection of Economic Rights on Entrepreneurship written by EMANUELA CARBONARA; ENRICO SANTARELLI. and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Constitutional Protection of Economic Rights on Entrepreneurship: A Taxonomic Survey highlights how characteristics of the legal infrastructure of a country can create conditions that enhance new business creation. It is an exploration of the institutional determinants of entrepreneurship and the way these can affect the observed cross-country differences in the creation of new firms. The main aim is to analyze 195 constitutions, singling out the provisions that enhance economic freedom and are thus likely to create an institutional and legal setup favorable to new business creation. The study tries to answer a question of primary importance for the analysis of entrepreneurship. Does the constitutional protection of principles and values usually associated with a country's endowment of entrepreneurship capital and presence of small firms positively influence the rate of new firm formation and the total endowment of entrepreneurship capital in that country? The remainder of this monograph is structured as follows. Section 2 discusses the importance of institutions in shaping the entrepreneurship capital of a country and favoring the emergence of entrepreneurial ecosystems. Section 3 describes how higher-rank formal institutions represented by actual constitutional provisions affect the design of lower rank norms and regulations of primary importance for economic activity. Section 4 outlines the features of 'economic constitutions', i.e. of constitutional provisions playing a key role in the management of a country's economy. Section 5 gives an overview of alternative measures of entrepreneurship and discusses their implications for empirical analysis. Section 6 focuses on the countries that have adopted the principles of 'economic constitutions' in their written constitutions and discusses the impact of the de jure and de facto implementation of such principles on entrepreneurship. Section 7 shows how the prevailing psychological traits of a country's population may shape the impact of constitutional provisions on its proneness to entrepreneurship and sheds light on the relationship between constitutional provisions and the observed cross-country and cross-industry differences in labor productivity. Finally, Section 8 concludes and provides some recommendations for entrepreneurship policy.

Constitutional Environment and Entrepreneurship

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Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Constitutional Environment and Entrepreneurship by : Wei Zhang

Download or read book Constitutional Environment and Entrepreneurship written by Wei Zhang and published by . This book was released on 2012 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built on the theories about talent competition between rent-seeking and entrepreneurship, and the theories about constitutional environment and rent-seeking, this dissertation explores empirically the effects of a country's constitutional settings on entrepreneurship, in terms of the quantity of entrepreneurs and the quality of their performance. Both the de facto and de jure constitutional environments are studied. In particular, with respect to the de facto constitutional environment, I considered the property rights protection, decentralization, and the factors suggested by the "selectorate theory". In relation to the de jure constitutional environment, I focused on six aspects including electoral rules, form of government, federalism, property rights protection, judicial independence and antidiscrimination provisions. Three indexes were constructed to measure the de jure property rights protection, judicial independence and antidiscrimination provisions, using the data set provided by the Comparative Constitution Project. The empirical study first shows that the quantity of entrepreneurs is inversely correlated with the quality of entrepreneurship in a country. If entrepreneurship does serve as the engine of economic growth, it is perhaps the quality, rather than quantity, that matters. This study then demonstrates that the de facto property rights protection is associated negatively with the quantity of entrepreneurs, but positively with the quality of entrepreneurship. The effects of the two key factors of the selectorate theory, the size of the winning coalition and the ratio of this size to the size of the selectorate, also appear to be compatible with what the theory is to predict. On the other hand, neither fiscal nor political decentralization is found to significantly affect entrepreneurship. Among the de jure constitutional features, two have significant influence on entrepreneurship. First, the constitutional design of judicial independence has a negative effect on the quantity of entrepreneurs, but a positive one on the quality of their performance. Second, majoritarian electoral rules, compared with non-majoritarian rules, have a negative effect on the quality of entrepreneurship. In contrast, the presumed effects of the other three formal constitutional attributes, federalism, presidentialism and property rights protection, cannot be ascertained. Apart from the cross-country study, I also conducted a detailed research on China. Entrepreneurship in China is a case of entrepreneurial development in an authoritarian state lack of secure property rights and the rule of law, hence afflicted with profuse rent-seeking activities. Under these circumstances, entrepreneurship hinges on both the rent-seeking and the entrepreneurial abilities. Drawing on the private enterprise surveys, I found that, in China, the politically connected were systematically advantaged in terms of bank finance, entry to regulated industries and judicial treatment, when they plunged into the business world. The Chinese case also indicates that, when entrepreneurs cannot trust the commitment made by the state in the constitution, they will be eager to scoop profits as soon as possible and exit swiftly with accumulated wealth. Finally, this dissertation concludes by suggesting that a healthy development of entrepreneurship should be sustainable rather than aiming merely at quick money and instant success. It should allow all talented people to reach their full potentials, rather than keep the politically disconnected away from resources needed to make the best use of their potentials. Above all, it wants a constitutional environment with reliable property rights and equal access to opportunities, neither of which is seen in today's China.

Guiding Principles on Business and Human Rights

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Publisher :
ISBN 13 : 9789211542011
Total Pages : 0 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis Guiding Principles on Business and Human Rights by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Guiding Principles on Business and Human Rights written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.

Weak Courts, Strong Rights

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Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Judicial Review, Socio-Economic Rights and the Human Rights Act

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847313760
Total Pages : 384 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Judicial Review, Socio-Economic Rights and the Human Rights Act by : Ellie Palmer

Download or read book Judicial Review, Socio-Economic Rights and the Human Rights Act written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Business Law I Essentials

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Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Social and Economic Rights and Constitutional Law

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Publisher :
ISBN 13 : 9781784718299
Total Pages : 0 pages
Book Rating : 4.7/5 (182 download)

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Book Synopsis Social and Economic Rights and Constitutional Law by : Sandra Fredman

Download or read book Social and Economic Rights and Constitutional Law written by Sandra Fredman and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights. This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.

SMEs in the Digital Era

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Publisher : Edward Elgar Publishing
ISBN 13 : 1803921641
Total Pages : 271 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis SMEs in the Digital Era by : Emanuela Carbonara

Download or read book SMEs in the Digital Era written by Emanuela Carbonara and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an interdisciplinary approach this book elaborates and discusses the strategic, regulatory and economic scenario that the sponsorship of a European Digital Single Market has been generating for small- and medium-sized companies (SMEs).

Women, Business and the Law 2021

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Publisher : World Bank Publications
ISBN 13 : 1464816530
Total Pages : 381 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Women, Business and the Law 2021 by : World Bank

Download or read book Women, Business and the Law 2021 written by World Bank and published by World Bank Publications. This book was released on 2021-04-05 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.

Constitutional Triumphs, Constitutional Disappointments

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Publisher : Cambridge University Press
ISBN 13 : 1108415334
Total Pages : 471 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Triumphs, Constitutional Disappointments by : Rosalind Dixon

Download or read book Constitutional Triumphs, Constitutional Disappointments written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Legislation on Sexual Harassment

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Publisher : Legislative Reference Bureau
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis Legislation on Sexual Harassment by : Don Dyke

Download or read book Legislation on Sexual Harassment written by Don Dyke and published by Legislative Reference Bureau. This book was released on 1993 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Protection of Economic, Social and Cultural Rights in Africa

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Publisher : Cambridge University Press
ISBN 13 : 1107173655
Total Pages : 609 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Protection of Economic, Social and Cultural Rights in Africa by : Danwood Mzikenge Chirwa

Download or read book The Protection of Economic, Social and Cultural Rights in Africa written by Danwood Mzikenge Chirwa and published by Cambridge University Press. This book was released on 2016-10-20 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.

The Constitutional Protection of Capitalism

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847315593
Total Pages : 220 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Constitutional Protection of Capitalism by : Danny Nicol

Download or read book The Constitutional Protection of Capitalism written by Danny Nicol and published by Bloomsbury Publishing. This book was released on 2010-01-29 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1945 a Labour government deployed Britain's national autonomy and parliamentary sovereignty to nationalise key industries and services such as coal, rail, gas and electricity, and to establish a publicly-owned National Health Service. This monograph argues that constitutional constraints stemming from economic and legal globalisation would now preclude such a programme. It contends that whilst no state has ever, or could ever, possess complete freedom of action, nonetheless the rise of the transnational corporation means that national autonomy is now siginificantly restricted. The book focuses in particular on the way in which these economic constraints have been nurtured, reinforced and legitimised by the creation on the part of world leaders of a globalised constitutional law of trade and competition. This has been brought into existence by the adoption of effective enforcement machinery, sometimes embedded within the nation states, sometimes formed at transnational level. With Britain enmeshed in supranational economic and legal structures from which it is difficult to extricate itself, the British polity no longer enjoys the range and freedom of policymaking once open to it. Transnational legal obligations constitute not just law but in effect a de facto supreme law entrenching a predominantly neoliberal political settlement in which the freedom of the individual is identified with the freedom of the market. The book analyses the key provisions of WTO, EU and ECHR law which provide constitutional protection for private enterprise. It dwells on the law of services liberalisation, public monopolies, state aid, public procurement and the fundamental right of property ownership, arguing that the new constitutional order compromises the traditional ideals of British democracy.

Economic Liberties and the Constitution

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Publisher : Transaction Publishers
ISBN 13 : 1412822114
Total Pages : 437 pages
Book Rating : 4.4/5 (128 download)

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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 Transaction Publishers. This book was released on 2011-12-31 with total page 437 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.

How Progressives Rewrote the Constitution

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Publisher : Cato Institute
ISBN 13 : 1933995297
Total Pages : 175 pages
Book Rating : 4.9/5 (339 download)

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Book Synopsis How Progressives Rewrote the Constitution by : Richard A. Epstein

Download or read book How Progressives Rewrote the Constitution written by Richard A. Epstein and published by Cato Institute. This book was released on 2007-09-25 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.

We the Corporations: How American Businesses Won Their Civil Rights

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Publisher : Liveright Publishing
ISBN 13 : 0871403846
Total Pages : 485 pages
Book Rating : 4.8/5 (714 download)

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Book Synopsis We the Corporations: How American Businesses Won Their Civil Rights by : Adam Winkler

Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.