The Eminent Domain Revolt: Changing Perceptions in a New Constitutional EpochAlgora Publishing, 2007 - Počet stran: 269 A journalist and critic with a law degree, Ryskamp begins with the story of the women in New London, Connecticut who refused to give up her house to a pharmaceutical giant, as directed by her city government. He asks why she fought all the way to the US Supreme Court when no one thought she had a chance, why her loss sparked legislation in every st |
Vyhledávání v knize
Výsledky 1-5 z 87
Strana 4
... issues. Knowledge of precedent masqueraded as historical knowledge — dangerously so, given that the expression of fundamental legal issues in precedent was immemorially problematic. Legal historical issues had often broken ...
... issues. Knowledge of precedent masqueraded as historical knowledge — dangerously so, given that the expression of fundamental legal issues in precedent was immemorially problematic. Legal historical issues had often broken ...
Strana 5
... issues are raised which have never been raised before — these need to be seen in context. And finally, . Readers will be called on to make political judgments, and need unfil- tered reports in order to do that. I present my view, but ...
... issues are raised which have never been raised before — these need to be seen in context. And finally, . Readers will be called on to make political judgments, and need unfil- tered reports in order to do that. I present my view, but ...
Strana 7
... issues in an individual rights-poor country such as America, eminent domain is about violence. If people won't leave, will law enforcement remove them? The law's relation to the outcome is problematic. This hitherto arcane issue has ...
... issues in an individual rights-poor country such as America, eminent domain is about violence. If people won't leave, will law enforcement remove them? The law's relation to the outcome is problematic. This hitherto arcane issue has ...
Strana 12
... issue. Since Kelo involves an action for eminent domain over housing, it provides the first opportunity to apply the New Bill of Rights to a case which the Court is about to decide. This is because the New Bill of Rights — proceeding ...
... issue. Since Kelo involves an action for eminent domain over housing, it provides the first opportunity to apply the New Bill of Rights to a case which the Court is about to decide. This is because the New Bill of Rights — proceeding ...
Strana 13
... issue by saying in his speech that “[w]e have accepted, so to speak, a second Bill of Rights....” That turned out not to be the case, and the issue was revisited during the 1970s when the US Supreme Court considered various “affirmative ...
... issue by saying in his speech that “[w]e have accepted, so to speak, a second Bill of Rights....” That turned out not to be the case, and the issue was revisited during the 1970s when the US Supreme Court considered various “affirmative ...
Obsah
11 | |
65 | |
Chapter 3 The New Bill of Rights as Law | 123 |
Chapter 4 The New Bill of Rights as Fact | 167 |
Chapter 5 The Early Days of the New Bill of Rights | 201 |
Conclusion | 251 |
Bibliography | 261 |
Index | 265 |
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analysis archived articulate Bensenville Bill of Rights blight city’s condemnation Constitutional epoch context corridors County direct scrutiny doctrine Due Process economic development eminent domain eminent domain action eminent domain powers eminent domain reform enforcement entity equal protection Federal Fifth Amendment Fort Trumbull Fourth Amendment government purpose government’s hoc facts homeowners homes indicia indicium individual Institute for Justice intermediate scrutiny involuntary deprivation issue judiciary Kelo decision land Lawrence legislation legislature level of scrutiny liberty litigation London Madison maintenance Marbury ment minimum scrutiny municipal neighborhood nent domain NLDC Novus O’Hare officials Pfizer plaintiffs political system private development private property property owners property rights proposed public opinion question right to housing Riviera Beach scrutiny continuum scrutiny for housing scrutiny regime simply state’s strict scrutiny Supreme Court there’s tion Trans-Texas Corridor vindicate violation West Coast Hotel zoning
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Strana 62 - A house divided against itself cannot stand." I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction ; or its advocates will...
Strana 55 - SECTION 1. A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall be the duty of the legislature of this State to make suitable provision for the support and maintenance of public schools.
Strana 25 - Constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the Legislative or Executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights.
Strana 23 - The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public schools, wherein all the children of this Commonwealth, above the age of six years, may be educated, and shall appropriate at least one million dollars each year for that purpose.
Strana 13 - The right to earn enough to provide adequate food and clothing and recreation; The right of every farmer to raise and sell his products at a return which will give him and his family a decent living...
Strana 47 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever.
Strana 23 - A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the legislature of the state to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.
Strana 54 - It is not the province of this Court to create substantive constitutional rights in the name of guaranteeing equal protection of the laws. Thus, the key to discovering whether education is "fundamental" is not to be found in comparisons of the relative societal significance of education as opposed to subsistence or housing. Nor is it to be found by weighing whether education is as important as the right to travel. Rather, the answer lies in assessing whether there is a right to education explicitly...