Private Property and the Limits of American Constitutionalism 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 Private Property and the Limits of American Constitutionalism PDF full book. Access full book title Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky. Download full books in PDF and EPUB format.
Author: Jennifer Nedelsky
Publisher: University of Chicago Press
ISBN: 0226569713
Category : Law
Languages : en
Pages : 358
Get Book
Book Description
Federalists vision of the Constitution; an interdisciplinary investigation.
Author: Jennifer Nedelsky
Publisher: University of Chicago Press
ISBN: 0226569713
Category : Law
Languages : en
Pages : 358
Get Book
Book Description
Federalists vision of the Constitution; an interdisciplinary investigation.
Author: Jennifer Nedelsky
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages :
Get Book
Book Description
Author: Bruce Ackerman
Publisher: Yale University Press
ISBN: 0300158068
Category : Law
Languages : en
Pages : 315
Get Book
Book Description
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.
Author: Ellen Frankel Paul
Publisher: SUNY Press
ISBN: 9780887069154
Category : Political Science
Languages : en
Pages : 200
Get Book
Book Description
Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
Author: James W. Ely
Publisher: Oxford University Press on Demand
ISBN: 0195323327
Category : History
Languages : en
Pages : 239
Get Book
Book Description
This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. The third edition has been completely revised and updated.
Author: James Huffman
Publisher: Springer
ISBN: 1137376732
Category : Law
Languages : en
Pages : 220
Get Book
Book Description
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.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
Get Book
Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Eric T. Freyfogle
Publisher: Beacon Press
ISBN: 9780807044162
Category : Business & Economics
Languages : en
Pages : 220
Get Book
Book Description
A fresh legal argument on what it means to own land, navigating issues of eminent domain, sprawl, and conservation Private property poses a great dilemma in American culture. We revere the institution and are quick to protect private-property rights, yet we are troubled when landowners cause harm to their neighbors and communities, especially when new development fuels sprawl and degrades the environment. Recent Supreme Court cases and new state laws around eminent domain have generated great controversy, and yet many people are unsure where they stand on this issue. In this wide-ranging inquiry, law professor Eric Freyfogle explores the inner workings of the familiar but poorly understood institution of private property. He identifies the three threats it currently faces: government mismanagement, the recently reinvigorated property rights movement, and conservation groups' efforts to buy tracts of land in order to protect them. He then offers a solution in the middle ground between the extreme sides of these debates. In On Private Property, Freyfogle gives glimpses of landownership's surprising past, revealing its complex links to liberty and ultimately showing why private property rights must remain consistent with a community's overall good. In conclusion, Freyfogle constructs piece by piece a provocative new vision of landownership, at once respectful of private interests yet responsive to communal needs. "Freyfogle's new book, which probably should have been titled "Roll Over, John Locke," is just what the public debate over property rights needs. Straight talk, and an invitation to open a conversation about the real issues." --Joseph L. Sax, author of Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures "A fresh perspective and penetrating legal and historical analysis of an issue that will continue to be in the forefront of land policy in the 21st century." --Anthony Flint, Lincoln Institute of Land Policy, author of This Land: The Battle over Sprawl and the Future of America "In a work that eschews easy slogans, Eric Freyfogle proves the truth about American property rights--that original intent, early court opinions, and the realities of modern society all mandate that ownership brings with it weighty but reasonable responsibilities to the larger community. This beautifully-articulated book, at once bold and thoughtful, is bound to become a classic in American constitutional and property law." --Charles Wilkinson, Distinguished University Professor and Moses Lasky Professor of Law at the University of Colorado and author of Crossing the Next Meridian: Land, Water, and the Future of the West
Author: Bradford P. Wilson
Publisher: Rowman & Littlefield
ISBN: 9780847686599
Category : Law
Languages : en
Pages : 328
Get Book
Book Description
In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government
Author: Daniel W. Hamilton
Publisher: ReadHowYouWant.com
ISBN: 1459606248
Category : Law
Languages : en
Pages : 426
Get Book
Book Description
Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...
