The Safeguard of Liberty and Property

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

This book is an in-depth analysis of the case law and popular backlash to the Supreme Court case Kelo v. New London (2005). Using a variety of legal, academic, legislative, media, and popular sources, it examines and establishes the Court’s most recent interpretation of property rights, eminent domain, and popular reaction to the interpretation.

The Grasping Hand

Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 9780226256740
Release Date: 2015-05-28
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.

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.

American Constitutional Law Volume I

Author: Ralph A. Rossum
Publisher: Routledge
ISBN: 9780429975066
Release Date: 2018-05-04
Genre: Political Science

American Constitutional Law, Volume I 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 seven new cases, including key decisions National Labor Relations Board v. Noel Canning, Zivotofsky v. Kerry, Adoptive Couple v. Baby Girl, Horne v. Department of Agriculture and Comptroller of the Treasure of Maryland v. Wynne.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 Kelo decision

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


Bericht zur Lage des Eigentums

Author: Thomas von Danwitz
Publisher: Springer-Verlag
ISBN: 9783642561467
Release Date: 2013-03-11
Genre: Law

Die regelmäßig erscheinenden „Berichte zur Lage des Eigentums" thematisieren die Problem- und Erkenntnisfelder im Umfeld des Privateigentums in all seinen relevanten Bezügen, aus allen wissenschaftlichen Forschungsrichtungen sowie in nationaler, europäischer und globaler Perspektive. Themen des ersten Bandes: Rechtsprechungsentwicklung des Bundesverfassungsgerichts zu Art. 14 GG; internationaler Eigentumsschutz in Europa und auf der Ebene der Welthandelsorganisation.