Richard V. Hamilton's Books

The Law of Mortgage and Other Securities Upon Property

Vol. I

By: William Richard Fisher

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The Law of Mortgage and Other Securities Upon Property

Vol. I

By: William Richard Fisher

Reprint of the original, first published in 1876.

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Page Count

678

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BoD – Books on Demand

Published Date

ISBN 10

3385525799

ISBN 13

9783385525795

Takings

Private Property and the Power of Eminent Domain

By: Richard A. Epstein

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Takings

Private Property and the Power of Eminent Domain

By: Richard A. Epstein

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.

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Page Count

377

Publisher

Harvard University Press

Published Date

ISBN 10

0674036557

ISBN 13

9780674036550

Aspen Treatise for Civil Procedure

By: Richard D. Freer

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Aspen Treatise for Civil Procedure

By: Richard D. Freer

Popular casebook author and bar review lecturer Richard Freer makes the complex principles of civil procedure accessible for students and practitioners in this treatise. Filled with hundreds of examples, the book integrates legal doctrine with factual analysis. The book breaks the doctrines of civil procedure into easy-to-understand components, and then brings them together to show how they form a comprehensive body of law. As stated by one procedure scholar, this book “is a key reference not only for students, but also for any lawyer or scholar looking for a starting point to their research on procedure and jurisdiction. The latest edition is always on my bookshelf.” New to the 5th Edition: The Supreme Court’s most recent decision on specific personal jurisdiction, Ford Motor Company, and how it flows from the Court’s restriction of general personal jurisdiction Detailed analysis of all recent amendments to the Federal Rules of Civil Procedure Emerging law on class actions, including justiciability, ascertainability, cy pres, and issue certification Detailed treatment of remedies, including provisional remedies The Court’s 2020 recognition of “defense preclusion” Professors and students will benefit from: “Defining the Issue,” a section that opens each chapter, putting material into context and making connections to related areas of procedure and jurisdiction law Analytical frameworks to synthesize key subject areas

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Page Count

1040

Publisher

Aspen Publishing

Published Date

ISBN 10

1543839010

ISBN 13

9781543839012

Book's by Richard V. Hamilton

The Law of Mortgage and Other Securities Upon Property

The Law of Mortgage and Other Securities Upon Property

Takings

Takings

Aspen Treatise for Civil Procedure

Aspen Treatise for Civil Procedure

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