The safeguard of liberty and property

the Supreme Court, Kelo v. New London, and the takings clause

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The safeguard of liberty and property
Guy F. Burnett
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Last edited by ImportBot
September 19, 2021 | History

The safeguard of liberty and property

the Supreme Court, Kelo v. New London, and the takings clause

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In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here. Book jacket.

Publish Date
Language
English
Pages
165

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Book Details


Table of Contents

Introduction
The facts of the case and the original decisions
The object of society : the amicus briefs and oral argument
The evolving public use clause : the majority opinion
At a loss what expedient to substitute : the concurring opinion
Merely incidental benefits : O'connor's dissenting opinion
Something has gone seriously awry : Thomas's dissenting opinion
More like a living nightmare than a dream : the Kelo backlash
Conclusion.

Edition Notes

Based on the author's thesis (dcotoral - Claremont Graduate University), 2013.

Includes bibliographical references and index.

Classifications

Dewey Decimal Class
343.73/0252
Library of Congress
KF229.K45 B87 2015, KF229.K45B87 2015

The Physical Object

Pagination
vii, 165 pages
Number of pages
165

ID Numbers

Open Library
OL27232097M
ISBN 10
0739197835, 0739197851
ISBN 13
9780739197837, 9780739197851
LCCN
2014036681
OCLC/WorldCat
890625275

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September 19, 2021 Edited by ImportBot import existing book
November 13, 2020 Edited by MARC Bot import existing book
August 4, 2020 Edited by ImportBot import existing book
July 19, 2019 Created by MARC Bot import new book