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The Safeguard of Liberty and Property - The Supreme Court, Kelo v. New London, and the Takings Clause (Paperback)
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The Safeguard of Liberty and Property - The Supreme Court, Kelo v. New London, and the Takings Clause (Paperback)
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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.
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