Economic Liberties And The Judiciary

Author : James A. Dorn
Publisher : Univ Publ Assn
ISBN 13 : 1461737796
Total Pages : 417 pages
Book Rating : 4.97/5 ( download)

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Download or read book Economic Liberties and the Judiciary written by James A. Dorn and published by Univ Publ Assn. This book was released on 1988-09-12 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays in this volume refocus attention on Constitutional protection for economic liberties. Divided into three parts, the book deals with the following topics: Interpreting the Constitution: Theory and Practice; Property Rights, Activism and the Judicial Process; and Recent Economic Issues in the Courts.

Author : James A. Dorn
Publisher : University Press of America
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.68/5 ( download)

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Download or read book Economic Liberties and the Judiciary written by James A. Dorn and published by University Press of America. This book was released on 1988 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays in this volume refocus attention on Constitutional protection for economic liberties. Divided into three parts, the book deals with the following topics: Interpreting the Constitution: Theory and Practice; Property Rights, Activism and the Judicial Process; and Recent Economic Issues in the Courts.

Author : Antonin Scalia
Publisher : Cato Institute
ISBN 13 : 1937184463
Total Pages : 21 pages
Book Rating : 4.69/5 ( download)

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Download or read book Scalia v. Epstein written by Antonin Scalia and published by Cato Institute. This book was released on 1985-01-01 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A.Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal.

Author : Ellen Frankel Paul
Publisher : SUNY Press
ISBN 13 : 9780791403037
Total Pages : 360 pages
Book Rating : 4.33/5 ( download)

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Download or read book Liberty, Property, and the Future of Constitutional Development written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1990-01-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Bernard H. Siegan
Publisher : Transaction Publishers
ISBN 13 : 1412822114
Total Pages : 435 pages
Book Rating : 4.14/5 ( download)

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Download or read book Economic Liberties and the Constitution written by Bernard H. Siegan and published by Transaction Publishers. This book was released on 2011-12-31 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare—most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason—the necessity—for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.

Author :
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.44/5 ( download)

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Download or read book Report to the Attorney General on Economic Liberties Protected by the Constitution written by and published by . This book was released on 1988 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Edward Keynes
Publisher : Penn State Press
ISBN 13 : 0271041633
Total Pages : 258 pages
Book Rating : 4.36/5 ( download)

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Download or read book Liberty, Property, and Privacy written by Edward Keynes and published by Penn State Press. This book was released on 2010-11-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting &"liberty of contract&" against economic regulation to protecting &"privacy&" and other noneconomic rights (as in Roe v. Wade) against social regulation.

Author : Bernard H. Siegan
Publisher : Rowman & Littlefield
ISBN 13 : 1461748119
Total Pages : 127 pages
Book Rating : 4.13/5 ( download)

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Download or read book Drafting a Constitution for a Nation or Republic Emerging into Freedom written by Bernard H. Siegan and published by Rowman & Littlefield. This book was released on 1994-06-07 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bernard H. Siegan describes the terms and provisions that a constitution dedicated to the maintenance of a free society should contain, together with the rationale and philosophy behind them. The author gives special consideration to the newly emerging nations of Eastern Europe and formerly communist countries. Topics covered include the powers of and restraints on the legislature and the president, administrative agencies, the judiciary, judicial rights for the protection of liberty in addition to property rights and economic liberties. Siegan also includes a suggested model constitution.

Author : Richard A. Maidment
Publisher : Manchester University Press
ISBN 13 : 9780719033322
Total Pages : 180 pages
Book Rating : 4.22/5 ( download)

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Download or read book The Judicial Response to the New Deal written by Richard A. Maidment and published by Manchester University Press. This book was released on 1991 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : James E. Fleming
Publisher : University of Chicago Press
ISBN 13 : 0226821404
Total Pages : 285 pages
Book Rating : 4.05/5 ( download)

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Download or read book Constructing Basic Liberties written by James E. Fleming and published by University of Chicago Press. This book was released on 2022-08-30 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A second death of substantive due process? Our practice of substantive due process ; The coherence and structure of substantive due process ; The rational continuum of ordered liberty -- Substantive due process does not "effectively decree the end of morals legislation". Is substantive due process on a slippery slope to "the end of all morals legislation"? ; Is moral disapproval enough to justify traditional morals legislation -- Substantive due process does not enact a utopian economic or moral theory. The ghost of Lochner v. New York ; Does substantive due process enact Mill's On Liberty? -- Conflicts between liberty and equality. The grounds for protecting basic liberties: liberty together with equality ; Accommodating gay and lesbian rights and religious liberty -- The future. The future of substantive due process.