The Grasping Hand

The Grasping Hand
Author: Ilya Somin
Publisher: University of Chicago Press
Total Pages: 369
Release: 2015-05-28
Genre: Law
ISBN: 022625674X

In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

The Right to Counsel in American Courts

The Right to Counsel in American Courts
Author: William Beaney
Publisher:
Total Pages: 0
Release: 2016-10-30
Genre:
ISBN: 9780472750191

The Right to Counsel in American Courts is the first detailed treatment of all aspects of this vital right as extended in theory and practice by state and federal courts. Addressed primarily to students of constitutional law and of the administration of justice, it is also a valuable tool for practicing lawyers because of its thoughtful organization and wealth of citations.

The Dred Scott Case

The Dred Scott Case
Author: Roger Brooke Taney
Publisher: Legare Street Press
Total Pages: 0
Release: 2022-10-27
Genre: History
ISBN: 9781017251265

The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.

My Cubs

My Cubs
Author: Scott Simon
Publisher: Penguin
Total Pages: 161
Release: 2017-04-11
Genre: Sports & Recreation
ISBN: 073521803X

NPR's Scott Simon's personal, heartfelt reflections on his beloved Chicago Cubs, replete with club lore, memorable anecdotes, frenetic fandom and wise and adoring intimacy that have made the world champion Cubbies baseball's most tortured—and now triumphant—franchise. Heartbreak and hope. Charmed and haunted. My Cubs is Scott Simon’s love letter to his Chicago Cubs, World Series winners for the first time in over a century. Replete with personal reflections, club lore, memorable anecdotes, and tales of frenetic fandom, My Cubs recounts the franchise’s pivotal moments with the wise and adoring intimacy of a long-suffering devotee and Chicago native. Simon illustrates how the condition of “Cubness” has defined the life of so many Chicagoans and how the team’s fortunes became intertwined with the aspirations of its faithful. With the curse finally broken on November 2, 2016, My Cubs is the perfect portrayal of paradise lost and found.

After Empire

After Empire
Author: Michael Gorra
Publisher: University of Chicago Press
Total Pages: 218
Release: 2008-04-15
Genre: Literary Criticism
ISBN: 0226304760

In After Empire Michael Gorra explores how three novelists of empire—Paul Scott, V. S. Naipaul, and Salman Rushdie—have charted the perpetually drawn and perpetually blurred boundaries of identity left in the wake of British imperialism. Arguing against a model of cultural identity based on race, Gorra begins with Scott's portrait, in The Raj Quartet, of the character Hari Kumar—a seeming oxymoron, an "English boy with a dark brown skin," whose very existence undercuts the belief in an absolute distinction between England and India. He then turns to the opposed figures of Naipaul and Rushdie, the two great novelists of the Indian diaspora. Whereas Naipaul's long and controversial career maps the "deep disorder" spread by both imperialism and its passing, Rushdie demonstrates that certain consequences of that disorder, such as migrancy and mimicry, have themselves become creative forces. After Empire provides engaging and enlightening readings of postcolonial fiction, showing how imperialism helped shape British national identity—and how, after the end of empire, that identity must now be reconfigured.

The Dred Scott Decision: Opinion of Chief Justice Taney

The Dred Scott Decision: Opinion of Chief Justice Taney
Author: Dred Scott
Publisher: Sagwan Press
Total Pages: 48
Release: 2018-02-07
Genre: History
ISBN: 9781376982930

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