The safeguard of liberty and property : the Supreme Court, Kelo v. New London, and the takings clause
著者
書誌事項
The safeguard of liberty and property : the Supreme Court, Kelo v. New London, and the takings clause
Lexington Books, c2015
- : cloth
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注記
"Based on author's dissertation (dcotoral--Claremont Graduate University), 2013"--CIP data
Includes bibliographical references and index
内容説明・目次
内容説明
In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.
目次
Chapter 1: Introduction
Chapter 2: The Facts of the Case and the Original Decisions
Chapter 3: The Object of Society: The Amicus Briefs and Oral Argument
Chapter 4: The Evolving Public Use Clause: The Majority Opinion
Chapter 5: At a Loss What Expedient to Substitute: The Concurring Opinion
Chapter 6: Merely Incidental Benefits: O'Connor's Dissenting Opinion
Chapter 7: Something Has Gone Seriously Awry: Thomas's Dissenting Opinion
Chapter 8: More Like a Living Nightmare Than a Dream: The Kelo Backlash
Chapter 9: Conclusion
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