Takings PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Takings PDF full book. Access full book title Takings by Richard A. Epstein. Download full books in PDF and EPUB format.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377
Get Book Here
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: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377
Get Book Here
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: Center for Minority Group Mental Health Programs (U.S.)
Publisher:
ISBN:
Category : Mental health
Languages : en
Pages : 706
Get Book Here
Book Description
Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0199883742
Category : Political Science
Languages : en
Pages : 611
Get Book Here
Book Description
In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.
Author: William E. Nelson
Publisher: Univ of North Carolina Press
ISBN: 9780807855041
Category : Law
Languages : en
Pages : 480
Get Book Here
Book Description
Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Angl
Author: Charles M. Lamb
Publisher: Cambridge University Press
ISBN: 9781139444187
Category : Political Science
Languages : en
Pages : 326
Get Book Here
Book Description
This book examines national fair housing policy from 1960 through 2000 in the context of the American presidency and the country's segregated suburban housing market. It argues that a principal reason for suburban housing segregation lies in Richard Nixon's 1971 fair housing policy, which directed Federal agencies not to place pressure on suburbs to accept low-income housing. After exploring the role played by Lyndon Johnson in the initiation and passage of the Fair Housing Act of 1968, Nixon's politics of suburban segregation is contrasted to the politics of suburban integration espoused by his HUD secretary, George Romney. Nixon's fair housing legacy is then traced through each presidential administration from Gerald Ford to Bill Clinton and detected in the decisions of Nixon's Federal Court appointees.
Author: Themis Chronopoulos
Publisher: Taylor & Francis
ISBN: 1136740686
Category : History
Languages : en
Pages : 245
Get Book Here
Book Description
This book explores and critiques the process of spatial regulation in post-war New York, focusing on the period after the fiscal crisis of the 1970s, examining the ideological underpinnings and practical applications of urban renewal, exclusionary zoning, anti-vagrancy laws, and order-maintenance policing. It argues that these practices were part of a class project that deflected attention from the underlying causes of poverty, eroded civil rights, and sought to enable real estate investment, high-end consumption, mainstream tourism, and corporate success.
Author: United States. Department of Justice
Publisher:
ISBN:
Category :
Languages : en
Pages : 196
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Consumer protection
Languages : en
Pages : 716
Get Book Here
Book Description
Author: Holly J. McCammon
Publisher: Oxford University Press
ISBN: 0190265140
Category : History
Languages : en
Pages : 401
Get Book Here
Book Description
The year 2020 will mark the 100th anniversary of the Nineteenth Amendment giving many women in the United States the right to vote. The struggle for suffrage lasted over six decades and involved more than a million women; yet, even at the moment of the amendment's enactment, women's activists disagreed heartily over how much had been achieved, whether it was necessary for women to continue organizing for political rights, and what those political rights would bring. Looking forward to the 100-year anniversary of the passage of the Nineteenth Amendment, this collection of original essays takes a long view of the past century of women's political engagement to gauge how much women have achieved in the political arena. The volume looks back at the decades since women won the right to vote to analyze the changes, developments, and even continuities in women's roles in the broad political sphere. Ultimately, the book asks two important questions about the last 100 years of women's suffrage: 1) How did the Nineteenth Amendment alter the American political system? and 2) How has women's engagement in politics changed over the last 100 years? As the chapters reveal, while women have made substantial strides in the political realm--voting at higher rates than men and gaining prominent leadership roles--barriers to gender equality remain. Women continue to be underrepresented in political office and to confront gender bias in a myriad of political settings. The contributors also remind us of the important understanding to be gained from an intersectional perspective to women's political engagement. In particular, several chapters discuss the failure of the Nineteenth Amendment to provide full political rights and representation to African American, Latina, and poorer women. The work also considers women's extra-institutional activism in a wide variety of settings, including in the feminist, civil rights, environmental, and far-right movements. As the volume traces women's forceful presence and limitations in politics over the past century, it also helps us look forward to consider the next 100 years: what additional victories might be won and what new defeats will need women's response?
Author: Frank Anechiarico
Publisher: Lexington Books
ISBN: 1498536395
Category : Law
Languages : en
Pages : 163
Get Book Here
Book Description
Labeling a person, institution or particular behavior as “corrupt” signals both political and moral disapproval and, in a functioning democracy, should stimulate inquiry, discussion, and, if the charge is well-founded, reform. This book argues, in a set of closely related chapters, that the political community and scholars alike have underestimated the extent of corruption in the United States and elsewhere and thus, awareness of wrong-doing is limited and discussion of necessary reform is stunted. In fact, there is a class of behaviors and institutions that are legal, but corrupt. They are accepted as legitimate by statute and practice, but they inflict very real social, economic, and political damage. This book explains why it is important to identify legally accepted corruption and provides a series of examples of corruption using this perspective.
