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Liberty, Property, and the Future of Constitutional Development

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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 m...
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  • 05 July 1990
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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.

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Price: £27.00
Pages: 341
Publisher: State University of New York Press
Imprint: SUNY Press
Series: SUNY series in The Constitution and Economic Rights
Publication Date: 05 July 1990
ISBN: 9780791403044
Format: Paperback
BISACs:

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Acknowledgments

Introduction

The Contractarian Logic of Classical Liberalism
JAMES M. BUCHANAN

Public Choice Constitutionalism and Economic Rights
MARK TUSHNET

Civil Rights and Property Rights
WILLIAM H. RIKER

Judicial Activism of the Right: A Mistaken and Futile Hope
LINO A. GRAGLIA

Economic Liberty and the Future of Constitutional Self-Government
STEPHEN MACEDO

Tutelary Jurisprudence and Constitutional Property
FRANK MICHELMAN

Takings: Of Maginot Lines and Constitutional Compromises
RICHARD A. EPSTEIN

The Politics of the New Property: Welfare Rights in Congress and the Courts and the Courts
R. SHEP MELNICK

Work, Government, and the Constitution: Determining the Proper Allocation of Rights and Powers
THOMAS R. HAGGARD

The Right to Organize Meets the Market
LEO TROY

Contributors

Index