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Author:
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 24
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Book Description
Author:
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 24
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
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Author: Nicholas Mercuro
Publisher: Springer Science & Business Media
ISBN: 9401129584
Category : Political Science
Languages : en
Pages : 240
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Book Description
While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.
Author: United States. Department of Justice. Lands Division
Publisher:
ISBN:
Category : Government purchasing of real property
Languages : en
Pages : 74
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Author: United States. Congress Senate
Publisher:
ISBN:
Category :
Languages : en
Pages : 1042
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Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377
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Book Description
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.
Author: United States. Congress. Senate. Committee on Appropriations
Publisher:
ISBN:
Category :
Languages : en
Pages : 1070
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Author: United States. Congress. House. Committee on Appropriations
Publisher:
ISBN:
Category : Public works
Languages : en
Pages : 1946
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Author: United States. Congress. House Appropriations
Publisher:
ISBN:
Category :
Languages : en
Pages : 1980
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Author: United States. Congress. House. Committee on Appropriations
Publisher:
ISBN:
Category :
Languages : en
Pages : 1918
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