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 Role of Local Government in Economic Development

The Role of Local Government in Economic Development
Author: Jonathan Q. Morgan
Publisher: Unc School of Government
Total Pages: 21
Release: 2009
Genre: Economic development
ISBN: 9781560116127

This report discusses the findings from a mail survey of local government economic development activities that was sent to all 540 municipalities and 100 counties in North Carolina. An important part of the analysis examines whether cities and counties differ significantly in their economic development efforts and whether smaller jurisdictions employ different types of development strategies and tools than larger ones. The survey findings also highlight the barriers that local governments face in promoting economic development and identify important technical assistance needs and gaps in local capacity.

Law and the Economy in Colonial India

Law and the Economy in Colonial India
Author: Tirthankar Roy
Publisher: University of Chicago Press
Total Pages: 253
Release: 2016-09-20
Genre: Business & Economics
ISBN: 022638764X

By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."

Trends in Climate Change Legislation

Trends in Climate Change Legislation
Author: Alina Averchenkova
Publisher: Edward Elgar Publishing
Total Pages: 231
Release: 2017-12-29
Genre: Law
ISBN: 1786435780

A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context.

Economic Revitalization

Economic Revitalization
Author: Joan Fitzgerald
Publisher: SAGE Publications
Total Pages: 281
Release: 2002-03-19
Genre: Science
ISBN: 150632066X

Economic Revitalization is unique in that it discusses leading revitalization strategies in the context of both city and suburban settings, offering case studies of program development and implementation. In Economic Revitalization: Cases and Strategies for City and Suburb Fitzgerald and Leigh answer the need for a text that incorporates social justice and sustainability into how we think about and practice economic development. It is one of the first to talk about how revitalization strategies are implemented in both cities and suburbs, particularly inner-ring suburbs that are experiencing decline previously associated only with inner-city neighborhoods. After setting the context with a brief history of economic development practice and its shortcomings, Fitzgerald and Leigh focus on six economic development strategies: sectoral strategies, Brownfield redevelopment, industrial retention, commercial revitalization, industrial and office property reuse, and workforce development. Each of these chapters begins with an overview of the strategy and then presents cases of how it is being implemented. The cases draw from Atlanta, Chicago and its suburbs, Emeryville, Kalamazoo, Louisville, New Haven, Portland, Sandy Springs, and Seattle (and suburban King County). They illustrate the tradeoffs often made in achieving one goal at the expense of another. Although they admit that some of the cases come up short in illustrating a more equitable and sustainable economic development practice, Fitzgerald and Leigh conclude with an optimistic view that the field is changing. The book is aimed at students and practitioners of economic development planning who seek to foster stronger economies and greater opportunity in inner cites and older suburbs. It is also meant to assist planners in thriving new towns and suburban communities seeking to avoid future economic decline as their communities mature. Economic Revitalization: Discusses practice in both suburban and inner-city settings Integrates the planning values of social justice and sustainability into the discussion of implementation strategies Includes cases that reveal the political nature of the planning process and the types of tradeoffs that often must be made Provides insights for planners seeking to adopt "best practice" programs from other localities

Women, Business and the Law 2020

Women, Business and the Law 2020
Author: World Bank Group
Publisher: World Bank Publications
Total Pages: 223
Release: 2020-04-24
Genre: Law
ISBN: 146481533X

The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.

World Development Report 2017

World Development Report 2017
Author: World Bank Group
Publisher: World Bank Publications
Total Pages: 605
Release: 2017-01-23
Genre: Business & Economics
ISBN: 1464809518

Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.

Law and Economic Development

Law and Economic Development
Author: Hans-Bernd Schäfer
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2006
Genre: Economic development
ISBN: 9781845423940

Demonstrates the application of the law and economics methodology to the problems of developing countries. This title is suitable for lawyers, economists and development practitioners.

New Developments in Competition Law and Economics

New Developments in Competition Law and Economics
Author: Klaus Mathis
Publisher: Springer
Total Pages: 358
Release: 2019-03-18
Genre: Law
ISBN: 3030116115

This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.