Scalia V Epstein
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| Author | : Antonin Scalia |
| Publisher | : Cato Institute |
| Total Pages | : 21 |
| Release | : 1985-01-01 |
| Genre | : Political Science |
| ISBN | : 1937184463 |
With the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A.Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal.
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| Publisher | : |
| Total Pages | : 20 |
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With the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A. Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal.
| Author | : Lee Epstein |
| Publisher | : SAGE |
| Total Pages | : 865 |
| Release | : 2013 |
| Genre | : Education |
| ISBN | : 1452226741 |
Judicial decisions never occur in a vacuum û they are influenced by a myriad of political factors. From lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices, Epstein and Walker show how all these dynamics play an integral part in the overall development of constitutional doctrine. Drawing deeply from the spheres of political science and legal studies, the exceperted case material is skillfully analyzed and presented for todayÆs students. Known for fastidious revising and streamlining, the authors account for the latest scholarship in the field and offer rock-solid analysis of recent landmark cases, including as all the important opinions handed down through 2011. Building on the successes of the 7th edition, the bookÆs clean layout and design clearly distinguishes between commentary and opinion excerpts. Not only does the design make the book an easier read for students, it effectively showcases photos, justice biographies, and the ôAftermathö and ôGlobal Perspectiveö sidebars. And based on positive user feedback, the authors have added even more Aftermath boxes in this new edition. New cases in the 8th edition: Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (2012) Snyder v. Phelps (2011) Brown v. Entertainment Merchants Association (2011) United States v. Jones (2012) Citizens United v. Federal Election Commission
| Author | : Richard A. Epstein |
| Publisher | : Oxford University Press |
| Total Pages | : 208 |
| Release | : 2008-03-12 |
| Genre | : Law |
| ISBN | : 0190293942 |
As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.
| Author | : Richard A. Epstein |
| Publisher | : Harvard University Press |
| Total Pages | : 377 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 0674036557 |
If 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.
| Author | : Carol S. Steiker |
| Publisher | : Harvard University Press |
| Total Pages | : 401 |
| Release | : 2016-11-07 |
| Genre | : History |
| ISBN | : 0674737423 |
Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death
| Author | : Lee Epstein |
| Publisher | : CQ Press |
| Total Pages | : 849 |
| Release | : 2021-08-23 |
| Genre | : Law |
| ISBN | : 1071834592 |
The Supreme Court Compendium provides historical and statistical information on the Supreme Court: its institutional development; caseload; decision trends; the background, nomination, and voting behavior of its justices; its relationship with public, governmental, and other judicial bodies; and its impact. With over 180 tables and figures, this new edition is intended to capture the full retrospective picture through the 2013-2014 term of the Roberts Court and the momentous decisions handed down within the last four years, including United States v. Windsor, National Federation of Independent Business v. Sebelius, and Shelby County v. Holder.
| Author | : Geoffrey R. Stone |
| Publisher | : University of Chicago Press |
| Total Pages | : 598 |
| Release | : 1992-10-15 |
| Genre | : Law |
| ISBN | : 9780226775319 |
Also published as v. 59, no. 1 (winter 1992), of the University of Chicago law review.
| Author | : Richard A. Epstein |
| Publisher | : Harvard University Press |
| Total Pages | : 247 |
| Release | : 2011-11-15 |
| Genre | : Law |
| ISBN | : 0674063058 |
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
| Author | : John O. McGinnis |
| Publisher | : Harvard University Press |
| Total Pages | : 309 |
| Release | : 2013-11-01 |
| Genre | : Law |
| ISBN | : 067472626X |
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.
