Private Property and the Constitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Private Property and the Constitution write by Bruce Ackerman. This book was released on 2008-10-01. Private Property and the Constitution available in PDF, EPUB and Kindle. 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.
Private Property and the Limits of American Constitutionalism
Private Property and the Limits of American Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Private Property and the Limits of American Constitutionalism write by Jennifer Nedelsky. This book was released on 1994-06-15. Private Property and the Limits of American Constitutionalism available in PDF, EPUB and Kindle. Federalists vision of the Constitution; an interdisciplinary investigation.
Private Property and the Constitution
Private Property and the Constitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Private Property and the Constitution write by James Huffman. This book was released on 2013-12-05. Private Property and the Constitution available in PDF, EPUB and Kindle. 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.
Takings
Takings - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Takings write by Richard A. Epstein. This book was released on 2009-07-01. Takings available in PDF, EPUB and Kindle. 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.
Cato Handbook for Policymakers
Cato Handbook for Policymakers - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Cato Handbook for Policymakers write by Cato Institute. This book was released on 2008. Cato Handbook for Policymakers available in PDF, EPUB and Kindle. 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.
