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Property Rights

Author: Bernard H. Siegan
Publisher: Transaction Publishers
ISBN: 9781412832168
Size: 75.64 MB
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Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard. The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.

The Guardian Of Every Other Right

Author: James W. Ely
Publisher: Oxford University Press on Demand
ISBN: 0195323327
Size: 48.99 MB
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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.

Keeping The Faith

Author: John E. Semonche
Publisher: Rowman & Littlefield Publishers
ISBN: 9780847689866
Size: 36.52 MB
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This ambitious and accessible history of the nation's highest court demonstrates that the fabric of American constitutional law promotes in citizens a civil religion, or a faith in the laws and institutions of government that is unique to this country.

Congressional Record

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Publisher:
ISBN:
Size: 49.53 MB
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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

Firearms Law And The Second Amendment

Author: Nicholas J. Johnson
Publisher: Wolters Kluwer Law & Business
ISBN: 1454876441
Size: 40.98 MB
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This casebook is the first and only traditional law school casebook to cover the subject. It provides a comprehensive treatment of cases and materials before and after the U.S. Supreme Court’s landmark cases in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), which affirmed the constitutional right to private firearm possession and use, and made the right enforceable against the states. From days of Anglo-Saxon King Alfred’s militia in the eighth century through the latest cases on electric stun guns and 3-D printed firearms, this casebook covers all aspects of firearms law, policy, and regulation. Rather than looking at arms laws in isolation, the book pays careful attention to changing contexts in race, class, religion, technology, and politics. It is ideally suited to law school courses on firearms law, the Second Amendment, criminal law, jurisprudence and legal history. Key Benefits: Comprehensive coverage of all aspects of firearms law, from early English origins to present-day debates. Ideally suited for a dedicated law school course in firearms law and the Second Amendment. Supplemental materials on the website will provide a continuing research resource, tracking the most current developments in firearms law, regulation, and policy. Five online chapters on firearms and status, the philosophy of citizen arms bearing, international law, comparative law, and an in-depth explanation of firearm and ammunition functionality.

The Road From Runnymede

Author: A. E. Dick Howard
Publisher:
ISBN: 9780813938066
Size: 29.94 MB
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For the eight hundredth anniversary of the Magna Carta, the University of Virginia Press presents the first paperback edition of The Road from Runnymede by A. E. Dick Howard, originally published in 1968. In this volume, Howard explores the ways in which Magna Carta’s concepts, most notably due process, have been absorbed and put into practice by English and especially American society. He goes on to show how the idea of constitutional government evolved in America, moving beyond the foundations laid by Magna Carta to adapt itself to the new republic’s needs.