The Safeguard of Liberty and Property

Author: Guy F. Burnett
Publisher: Lexington Books
ISBN: 9780739197844
Release Date: 2014-12-11
Genre: Political Science

In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.

Harvard Law Review Volume 129 Number 3 January 2016

Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 9781610278133
Release Date: 2016-01-10
Genre: Law

The January 2016 issue, Number 3, features these contents: • Article, "Presidential Intelligence," by Samuel J. Rascoff • Book Review, "The Struggle for Administrative Legitimacy," by Jeremy K. Kessler (on Daniel Ernst's book about the administrative state) • Note, "Existence-Value Standing" • Note, "Rethinking Closely Regulated Industries" In addition, student commentary analyzes Recent Cases on compelled disclosures in commercial speech; due process notice of procedures to challenge a local ordinance; standing after liquidation actions taken under Dodd-Frank; exaction and takings by acquiring equity shares in AIG; religious liberty after Hobby Lobby; bias-intimidation laws and mens rea; and whether document production is the 'practice of law' under labor law. The issue includes analysis of a Recent Court Filing by the DOJ supporting a meaningful juvenile right to counsel. Finally, the issue includes comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the third issue of academic year 2015-2016.

American Constitutional Law Volume II

Author: Ralph A. Rossum
Publisher: Routledge
ISBN: 9780429975059
Release Date: 2018-05-15
Genre: Political Science

American Constitutional Law, Volume II provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The Tenth Edition has been fully revised to include twelve new cases, including key decisions Obergefell v. Hodges, Burwell v. Hobby Lobby Stores, Shelby County v. Holder, Horne v. Department of Agriculture, and Riley v. California. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

The Grasping Hand

Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 9780226456829
Release Date: 2016-11-29
Genre: Law

In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

Handbook of Public Administration Third Edition

Author: W. Bartley Hildreth
Publisher: Routledge
ISBN: 9781351564427
Release Date: 2018-01-19
Genre: Political Science

Since the publication of the previous edition, the best-selling Handbook of Public Administration enters its third edition with substantially revised, updated, and expanded coverage of public administration history, theory, and practice. Edited by preeminent authorities in the field, this work is unparalleled in its thorough coverage and comprehensive references. This handbook examines the major areas in public administration including public budgeting and financial management, human resourcemanagement, decision making, public law and regulation, and political economy. Providing a strong platform for further research and advancement in the field, this book is a necessity for anyone involved in public administration, policy, and management. This edition includes entirely new chapters on information technology and conduct of inquiry. In each area of public administration, there are two bibliographic treatises written from different perspectives. The first examines the developments in the field. The second analyzes theories, concepts, or ideas in the field’s literature.

Little Pink House

Author: Jeff Benedict
Publisher: Grand Central Publishing
ISBN: 0446544442
Release Date: 2009-01-26
Genre: History

SOON TO BE A MOTION PICTURE STARRING CATHERINE KEENER "Catherine Keener nails the combination of anger, grace, and attitude that made Susette Kelo a nationally known crusader." -- Deadline Hollywood Suzette Kelo was just trying to rebuild her life when she purchased a falling down Victorian house perched on the waterfront in New London, CT. The house wasn't particularly fancy, but with lots of hard work Suzette was able to turn it into a home that was important to her, a home that represented her new found independence. Little did she know that the City of New London, desperate to revive its flailing economy, wanted to raze her house and the others like it that sat along the waterfront in order to win a lucrative Pfizer pharmaceutical contract that would bring new business into the city. Kelo and fourteen neighbors flat out refused to sell, so the city decided to exercise its power of eminent domain to condemn their homes, launching one of the most extraordinary legal cases of our time, a case that ultimately reached the United States Supreme Court. In Little Pink House, award-winning investigative journalist Jeff Benedict takes us behind the scenes of this case -- indeed, Suzette Kelo speaks for the first time about all the details of this inspirational true story as one woman led the charge to take on corporate America to save her home. Praise for the book: "Passionate...a page-turner with conscience." -- Publishers Weekly

Cornerstone of Liberty

Author: Timothy Sandefur
Publisher: Cato Institute
ISBN: 9781933995328
Release Date: 2006-10-25
Genre: Law

The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”

The Kelo decision

Author: United States. Congress. Senate. Committee on the Judiciary
Publisher: Not Avail
ISBN: PSU:000058148648
Release Date: 2005-01
Genre: Law


To Secure the Liberty of the People

Author: Eric T. Kasper
Publisher:
ISBN: STANFORD:36105215537791
Release Date: 2010
Genre: Law

Politicians, scholars, and even Supreme Court justices often look to Madison's broader body of work for guidance when interpreting the Bill of Rights. This title presents examination of Madison's political philosophy as reflected in the "Bill of Rights" and modern interpretations by Supreme Court justices.