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Author: Kenneth R. Feinberg
Publisher: PublicAffairs
ISBN: 1610390768
Category : Social Science
Languages : en
Pages : 242
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Book Description
Agent Orange, the 9/11 Victim Compensation Fund, the Virginia Tech massacre, the 2008 financial crisis, and the Deep Horizon gulf oil spill: each was a disaster in its own right. What they had in common was their aftermath -- each required compensation for lives lost, bodies maimed, livelihoods wrecked, economies and ecosystems upended. In each instance, an objective third party had to step up and dole out allocated funds: in each instance, Presidents, Attorneys General, and other public officials have asked Kenneth R. Feinberg to get the job done. In Who Gets What?, Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.
Author: Kenneth R. Feinberg
Publisher: PublicAffairs
ISBN: 1610390768
Category : Social Science
Languages : en
Pages : 242
Get Book Here
Book Description
Agent Orange, the 9/11 Victim Compensation Fund, the Virginia Tech massacre, the 2008 financial crisis, and the Deep Horizon gulf oil spill: each was a disaster in its own right. What they had in common was their aftermath -- each required compensation for lives lost, bodies maimed, livelihoods wrecked, economies and ecosystems upended. In each instance, an objective third party had to step up and dole out allocated funds: in each instance, Presidents, Attorneys General, and other public officials have asked Kenneth R. Feinberg to get the job done. In Who Gets What?, Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.
Author: Richard Lechthaler
Publisher: Shirespress
ISBN: 9781605715438
Category :
Languages : en
Pages : 264
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Book Description
Richard Lechthaler moved to Vermont in 1968 after a career in Manhattan. Over the years, he enjoyed hearing Vermont stories, embraced the idea of citizen government, and took part in whatever seasonal and community events he could. One story stuck with him, that of Vermont farmer Romaine Tenney, who refused to leave his land when it was confiscated for the building of I-91. In Just Compensation, Lechthaler has created a fictional character, Rayland Jensen, and the town of Towsley, to address the broader questions at the heart of Tenney's refusal - can a government ever truly compensate someone for the loss of his property, his livelihood, his place in the world. Simultaneously, the novel explores the question of progress - Is it inherently a good thing? Who gets to decide? In so doing, Lechthaler also reconstructs the stories of a vanished Vermont, one in which it was not unusual for hill farmers to milk by hand, for rural homes to not have electricity, and for communities to be more like families, facing change and difficulty, both close to home and far away, together. This novel will make you ache for that quieter time while realizing that it, too, could not have lasted forever as the planet and Vermont itself became more populated and more complex. For such is life ... but the life and lives of this fictional community remain something worth remembering and honoring.
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: 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:
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 466
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Book Description
Author: Jeffrey Evans Stake
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The US Constitution requires the government to pay just compensation for taking private property. Justice, in this context, will be achieved only if compensation meets two tests, a reality test and a perception test. The reality test asks whether is it more likely than not that the owner deprived of her property would be made whole by the amount of compensation provided. In determining this likelihood, economics, biology, and psychology ought all to be considered. These disciplines indicate that possession, duration of possession, and multiple occupancy call for compensation bonuses. The perception test asks whether it is more likely than not that the average person would think that the owner would be made whole by the amount of compensation provided. In determining this likelihood, surveys of lay persons should play a key role. Participants surveyed provide more compensation when owners are in possession, when possession lengthens, when there are multiple occupants, and when the land is taken for a project involving substantial private ownership. Participants surveyed did not, however, consider justice to require that owners be awarded full compensation for subjective losses or that compensation be increased proportionately when property appreciates in value.
Author: Nicholas Mercuro
Publisher:
ISBN: 9789401129596
Category :
Languages : en
Pages : 236
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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:
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 474
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Book Description
Author: Katrina Wyman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article is a response to a little-noticed aspect of the reaction to the U.S. Supreme Court's 2005 decision in Kelo v. City of New London: the renewed discussion that the case has prompted about how much compensation homeowners should be paid when governments take their houses. Since Kelo, there have been many proposals to increase the compensation that governments have to pay when they take property. These proposals are aimed at deterring governments from taking property in the first place and increasing the compensation that takees receive. In light of questions that three justices asked during the oral argument of Kelo about compensation for eminent domain, some observers have predicted that the Supreme Court might take a case about compensation for eminent domain. I argue that the current debate about compensation for eminent domain is being conducted within too narrow a framework because many of the existing proposals start from the same assumption about the appropriate measure of takings compensation. Many of these proposals, like current compensation law, assume that takings compensation ideally should leave takees subjectively indifferent to a taking. I critique the idea that takings compensation should aim to leave takees subjectively indifferent to a taking. I argue instead that we should aim to leave takees objectively indifferent to a taking. Furthermore, I sketch an objective compensation measure that contrasts with the subjective ideal that underlies existing takings compensation law and many of the current reform proposals.
Author: Henry J. Kaltenbach
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 358
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Book Description
