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The Public Nature Of Private Property

Author: Robin Paul Malloy
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754679516
Size: 67.75 MB
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In this book leading experts discuss the public nature of private property and challenge traditional conceptions of private property. They present a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it. What rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture.

Early Modern Conceptions Of Property

Author: John Brewer
Publisher: Routledge
ISBN: 1136190775
Size: 39.69 MB
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Early Modern Conceptions of Property draws together distinguished academics from a variety of disciplines, including law, economics, politics, art history, social history and literature, in order to consider fundamental issues of property in the early modern period. Presenting diverse original historical and literary case studies in a sophisticated theoretical framework, it offers a challenge to conventional interpretations.

Liberty Property And The Future Of Constitutional Development

Author: Howard Dickman
Publisher: SUNY Press
ISBN: 1438415656
Size: 45.98 MB
Format: PDF
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This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930’s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the “double standard.” The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.

Reclaiming Liberty

Author: M. Bentwich
Publisher: Springer
ISBN: 113701668X
Size: 69.23 MB
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Based on a reconstruction of earlier liberal conceptions of liberty (the political theories of John Locke & J.S. Mill), this book stresses the empowering nature of liberal freedom and explains why such a concept of liberty better addresses two key contemporary challenges in liberal theory and praxis: wealth redistribution and multiculturalism.

Rehabilitating Lochner

Author: David E. Bernstein
Publisher: University of Chicago Press
ISBN: 0226043533
Size: 44.73 MB
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In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

The Promises Of Liberty

Author: Alexander Tsesis
Publisher: Columbia University Press
ISBN: 0231520131
Size: 14.20 MB
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In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.