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The Limits Of State Power Private Rights
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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 Law of Property Rights Protection, 2nd Edition by : Laitos
Download or read book Law of Property Rights Protection, 2nd Edition written by Laitos and published by Wolters Kluwer. This book was released on 2018-11-14 with total page 1344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522
Book Synopsis The Limits of Presidential Power by : Lisa Manheim
Download or read book The Limits of Presidential Power written by Lisa Manheim and published by Manheim & Watts, LLC. This book was released on 2018-01-10 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.
Book Synopsis The Principles of Constitutionalism by : N. W. Barber
Download or read book The Principles of Constitutionalism written by N. W. Barber and published by Oxford University Press. This book was released on 2018-07-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Book Synopsis A Treatise On The Constitutional Limitations by : Thomas McIntyre Cooley
Download or read book A Treatise On The Constitutional Limitations written by Thomas McIntyre Cooley and published by Sagwan Press. This book was released on 2018-02-08 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Book Synopsis The Limits of State Power & Private Rights by : Lauren Devine
Download or read book The Limits of State Power & Private Rights written by Lauren Devine and published by Routledge. This book was released on 2017-03-16 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles a complex area of law, social policy and social work, providing a comprehensive analysis of the theoretical, practical and legal boundaries of State power following safeguarding and child protection referrals in England. The book examines the history, rationale and implications of the current position, concluding that the balance of power is weighted in favour of the State. The Limits of State Power & Private Rights is ground-breaking in its approach to the subject and its detailed, critical analysis. Traditionally the subject matter of the book is considered within a welfare framework. The analysis in this book argues that a policing agenda is embedded within policy but without appropriate safeguards and controls, creating potentially irreconcilable tension described by the author as the ‘welfare/policing dichotomy’. This book is of importance to academics, lawyers, social workers, policy makers, practitioners and service users. The book is written so as to be accessible to a multi-disciplinary audience, but is sufficiently detailed so as to be suitable for specialists and non-specialists alike in this subject area. The chapters include introductory and contextual sections as well as doctrinal, theoretical and socio-legal analysis. Although the focus is on the English system, the book is equally applicable to the many worldwide jurisdictions adopting the Anglo/American ‘child rights’ based framework of child protection. It is also of use as a comparative work in countries where a family support based system is practiced.
Book Synopsis The Promise and Limits of Private Power by : Richard M. Locke
Download or read book The Promise and Limits of Private Power written by Richard M. Locke and published by Cambridge University Press. This book was released on 2013-04-22 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines and evaluates various private initiatives to enforce fair labor standards within global supply chains. Using unique data (internal audit reports, and access to more than 120 supply chain factories and 700 interviews in 14 countries) from several major global brands, including NIKE, HP, and the International Labor Organization's Factory Improvement Programme in Vietnam, this book examines both the promise and the limitations of different approaches to actually improve working conditions, wages, and working hours for the millions of workers employed in today's global supply chains. Through a careful, empirically grounded analysis of these programs, this book illustrates the mix of private and public regulation needed to address these complex issues in a global economy.
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 The Right to Privacy by : Louis Dembitz Brandeis
Download or read book The Right to Privacy written by Louis Dembitz Brandeis and published by Good Press. This book was released on 2023-09-17 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
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 Legal Guide for Police by : John C. Klotter
Download or read book Legal Guide for Police written by John C. Klotter and published by . This book was released on 1989 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: New areas covered by the latest edition of this work include liability for failure to follow guidelines and limitations on police power. Among the topics discussed are detention without probable cause, arrest with and without a warrant, rules for questioning a subject, use of force in making arrests, search and seizure with and without a warrant and pre-trial identification guidelines.
Book Synopsis The Collapse of Constitutional Remedies by : Aziz Z. Huq
Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Book Synopsis The Poverty of Privacy Rights by : Khiara M. Bridges
Download or read book The Poverty of Privacy Rights written by Khiara M. Bridges and published by Stanford University Press. This book was released on 2017-06-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.
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 The Spirit of Laws by : Charles de Secondat baron de Montesquieu
Download or read book The Spirit of Laws written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1900 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Democracy and Dictatorship by : Norberto Bobbio
Download or read book Democracy and Dictatorship written by Norberto Bobbio and published by John Wiley & Sons. This book was released on 2017-06-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important volume Norberto Bobbio examines some of the central themes of political theory and presents a systematic exposition of his views. With great astuteness and profound scholarship, Bobbio unfolds the elements for a general theory of politics. Bobbio's wide-ranging argument is focused on four themes: the distinction between the public and the private; the concept of civil society; differing conceptions of the state and differing ways of understanding the legitimacy of state power; and the relation between democracy and dictatorship. Bobbio's discussion draws on a wealth of theoretical and historical material, from Plato, Aristotle, Hobbes and Locke to Marx, Weber, Habermas and Foucault. By analysing the development of different languages of politics in relation to changing social and historical contexts, Bobbio deepens our understanding of the concepts we use to describe and evaluate modern political systems.
