Bargaining with the State

Bargaining with the State

by Richard A. Epstein


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Bargaining with the State by Richard A. Epstein

Bargaining with the State examines the threats to liberty that arise through the power of government selectively to distribute benefits and favors to its citizens. For Richard Epstein, the preservation of individual liberty against government contractual power advances not only the short-term interest of the individual citizen but also the long-term overall social welfare.

Product Details

ISBN-13: 9780691001555
Publisher: Princeton University Press
Publication date: 01/09/1995
Pages: 338
Product dimensions: 6.08(w) x 9.19(h) x 0.87(d)

About the Author

Richard A. Epstein is James Parker Hall Distinguished Service Professor of Law at the University of Chicago. He is the author of Takings: Private Property under the Power of Eminent Domain and Forbidden Grounds: The Case against Employment Discrimination Laws. He is an editor of the Journal of Law and Economics and a member of the American Academy of Arts and Sciences.

Table of Contents

Pt. 1Theoretical Foundations: Problem of Coercion1
Ch. 1Givings and Takings3
Ch. 2The Plan of Action17
Ch. 3Baselines25
Ch. 4Coercion, Force, and Consent39
Ch. 5Competition, Monopoly, and Necessity50
Ch. 6Forced Exchanges and Just Compensation75
Ch. 7Maximizing Social Surplus90
Pt. 2Government Relations Within a Federal System105
Ch. 8State Incorporation Powers107
Ch. 9Discriminatory Taxation127
Ch. 10The United States v. the States145
Pt. 3Economic Liberties and Property Rights159
Ch. 11Public Roads and Highways161
Ch. 12Land Use Restrictions and the Police Power177
Ch. 13Licenses and Permits196
Ch. 14Labor and Employment Contracts211
Pt. 4Positive Rights in the Welfare State237
Ch. 15Tax Exemptions239
Ch. 16Unemployment Benefits252
Ch. 17Welfare Benefits278
Ch. 18Educational Benefits295
Table of Cases313
Author Index317
Subject Index319

What People are Saying About This

Richard Epstein has a unique ability to develop a coherent political and economic philosophy within an informed survey of the particulars of judicial interpretation. For those of us outside the legal academy, this book offers a valuable learning experience.

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