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Liberty, Property, and Government

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This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth.The authors grapple with such questions as: how shoul...
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  • 03 July 1989
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This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth.

The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the "rhetoric" of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?

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Price: £27.00
Pages: 303
Publisher: State University of New York Press
Imprint: SUNY Press
Series: SUNY series in The Constitution and Economic Rights
Publication Date: 03 July 1989
ISBN: 9780791400876
Format: Paperback
BISACs:

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Acknowledgments

Introduction

Lochner and Company: Revisionism Revisited
MARY CORNELIA PORTER

Holmes, Brandeis, and Pound: Sociological Jurisprudence as a Response to Economic Laissez-Faire
PAUL L. MURPHY

Evolving Conceptions of 'Property' and 'Liberty' in Due Process Jurisprudence
GLEN O. ROBINSON

The Proper Scope of the Commerce Power
RICHARD A. EPSTEIN

Economic Liberty, Antitrust, and the Constitution, 1880-1925
TONY FREYER

The Jurisprudence—and Mythology—of Eminent Domain in American Legal History
HARRY N. SCHEIBER

Republicanism, Railroads, and Nineteenth-Century Midwestern Constitutionalism
ALAN JONES

Up from Dred Scott; Down to Slaughterhouse: Inventive Interim Judicial Protections for Property in Reconstruction America
HAROLD M. HYMAN

Contributors

Index