Download Free Property And The Constitution Book in PDF and EPUB Free Download. You can read online Property And The Constitution and write the review.

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.
Federalists vision of the Constitution; an interdisciplinary investigation.
This practical handbook explains eight constitutional principles and applies them to real-world planning situations. These statements of principles reflect consensus opinions, but the book also discusses points of dissent. It includes detailed summaries of more than fifty U.S. Supreme Court cases affecting land-use planning, along with a comprehensive table of contents, a cross-referenced index, three matricies that relate sections of the book to one another, and a summary of constitutional principles that relates them to land-use planning techniques. All of these features make it easy to locate key constitutional principles quickly. This book is the result of a 1987 symposium that brought together two dozen leading practitioners and scholars in the fields of planning and law.
Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.
Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
“Wilentz brings a lifetime of learning and a mastery of political history to this brilliant book.” —David W. Blight, author of Frederick Douglass A New York Times Book Review Editors’ Choice A Foreign Affairs Best Book of the Year Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. In this essential reconsideration of the creation and legacy of our nation’s founding document, Sean Wilentz reveals the tortured compromises that led the Founders to abide slavery without legitimizing it, a deliberate ambiguity that fractured the nation seventy years later. Contesting the Southern proslavery version of the Constitution, Abraham Lincoln and Frederick Douglass pointed to the framers’ refusal to validate what they called “property in man.” No Property in Man has opened a fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Civil War. It drives straight to the heart of the single most contentious issue in all of American history. “Revealing and passionately argued...[Wilentz] insists that because the framers did not sanction slavery as a matter of principle, the antislavery legacy of the Constitution has been...‘misconstrued’ for over 200 years.” —Khalil Gibran Muhammad, New York Times “Wilentz’s careful and insightful analysis helps us understand how Americans who hated slavery, such as Abraham Lincoln and Frederick Douglass, could come to see the Constitution as an ally in their struggle.” —Eric Foner