Liberty, Property, and Privacy

Liberty, Property, and Privacy PDF

Author: Edward Keynes

Publisher: Penn State Press

Published: 1996-02-15

Total Pages: 256

ISBN-13: 0271072717

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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.

The Right to Privacy

The Right to Privacy PDF

Author: Louis Dembitz Brandeis

Publisher: Good Press

Published: 2023-09-17

Total Pages: 40

ISBN-13:

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"The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

Constitutional Protection of Private Property and Freedom of Contract

Constitutional Protection of Private Property and Freedom of Contract PDF

Author: Richard A. Epstein

Publisher: Routledge

Published: 2013-10-15

Total Pages: 430

ISBN-13: 1135699933

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First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.

Cornerstone of Liberty

Cornerstone of Liberty PDF

Author: Timothy Sandefur

Publisher: Cato Institute

Published: 2006-10-25

Total Pages: 170

ISBN-13: 1933995327

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The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”

The Right to Privacy

The Right to Privacy PDF

Author: Mary Beth McThomas

Publisher:

Published: 2007

Total Pages: 454

ISBN-13:

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This dissertation examines "the right to privacy with a focus on how the U.S. Courts and the American public understand privacy issues differently depending on the type of privacy involved, and how these understandings diverge from theoretical conceptions of privacy."

Liberty, Property, and the Future of Constitutional Development

Liberty, Property, and the Future of Constitutional Development PDF

Author: Ellen Frankel Paul

Publisher: SUNY Press

Published: 1990-07-05

Total Pages: 356

ISBN-13: 9780791403044

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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.

Private and Common Property

Private and Common Property PDF

Author: Richard A. Epstein

Publisher: Routledge

Published: 2013-10-08

Total Pages: 404

ISBN-13: 1136765603

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First published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.

Liberty and Property

Liberty and Property PDF

Author: Ellen Meiksins Wood

Publisher: Verso Books

Published: 2012-02-01

Total Pages: 337

ISBN-13: 1844677524

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The formation of the modern state, the rise of capitalism, the Renaissance and Reformation, the scientific revolution and the Age of Enlightenment have all been attributed to the “early modern” period. Nearly everything about its history remains controversial, but one thing is certain: it left a rich and provocative legacy of political ideas unmatched in Western history. The concepts of liberty, equality, property, human rights and revolution born in those turbulent centuries continue to shape, and to limit, political discourse today. Assessing the work and background of figures such as Machiavelli, Luther, Calvin, Spinoza, the Levellers, Hobbes, Locke and Rousseau, Ellen Wood vividly explores the ideas of the canonical thinkers, not as philosophical abstractions but as passionately engaged responses to the social conflicts of their day.

Liberty and Property

Liberty and Property PDF

Author: Ludwig Von Mises

Publisher: Ludwig von Mises Institute

Published: 1988

Total Pages: 54

ISBN-13: 1610164075

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"Originally delivered as a lecture at Princeton University, October 1958, at the 9th meeting of the Mont Pelerin Society"--Page 7. Includes bibliographical references.

Modern Understandings of Liberty and Property

Modern Understandings of Liberty and Property PDF

Author: Richard A. Epstein

Publisher: Routledge

Published: 2013-10-15

Total Pages: 454

ISBN-13: 1135699372

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First Published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is broad as law itself. The relationship of liberty and property to the law surfaces whenever and wherever people interact with each other under the command and control of the sovereign. This is Volume II of five and concerns the extent to which the state should enforce or override private contracts made by individuals to dispose of their labor or capital. These issues did not disappear by the onset of the twentieth century, where Volume II picks up. Generally speaking, however, the tools of analysis shifted as the advances in economic theory helped to flesh out the justifications offered for individual liberty and private property on the one hand, and their social control on the other. Although the nature of the discourse changed to some degree, the division of opinion on the proper role of liberty and property remained as sharply contested as it was in earlier times.