Private Property and the Power of Eminent Domain
By (author) Richard A. Epstein
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Takings by Richard A. Epstein
Book DescriptionIf legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance.Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He 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. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind?Zoning, rent control, progressive and special taxes, workers' compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein's theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
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Book DetailsISBN: 9780674867291
(235mm x 155mm x 19mm)
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 1-Jul-1989
Country of Publication: United States
Books By Author Richard A. Epstein
Design for Liberty, Hardback (November 2011)
The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.
Overdose, Paperback (January 2009)View all books by Richard A. Epstein
Offers an examination of the pharmaceutical industry by following the course of a new drug as it progresses from early development to final delivery. This book looks at the regulatory framework that surrounds various aspects of making pharmaceutical products, and assesses which legal and regulatory practices make sense and which have gone awry.
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Author Biography - Richard A. Epstein
ref="http://www.law.uchicago.edu" target="new">University of Chicago Law School.
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