Takings / Edition 1

Takings / Edition 1

5.0 1
by Richard A. Epstein
     
 

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory.See more details below

Overview

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory.

Product Details

ISBN-13:
9780674867291
Publisher:
Harvard University Press
Publication date:
02/01/1985
Edition description:
Reprint
Pages:
380
Product dimensions:
0.78(w) x 6.14(h) x 9.21(d)

Table of Contents

Philosophical Preliminaries

A Tale of Two Pies

Hobbesian Man, Lockean World

The Integrity of Constitutional Text

Takings Prima Facie

Takings and Torts

Partial Takings: The Unity of Ownership

Possession and Use

Rights of Disposition and Contract

Taking from Many: Liability Rules, Regulations, and Taxes

Justifications for Takings

The Police Power: Ends

The Police Power: Means

Consent and Assumption of Risk

Public Use and Just Compensation

Public Use

Explicit Compensation

Implicit In-Kind Compensation

Property and the Common Pool

Regulation

Taxation

Transfer Payments and Welfare Rights

Conclusion: Philosophical Implications

Index of Cases

General Index

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