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Global Fifth Amendment

Harry Blutstein

in The Ascent of Globalisation

Published in print:
2015
Published Online:
May 2016
ISBN:
9781784992897
eISBN:
9781526104311
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781784992897.003.0010
Subject:
Political Science, Democratization

US legal scholar, Richard Epstein developed a radical legal doctrine of ‘regulatory takings,’ based on the Fifth Amendment of the US Constitution, which revolutionised intergovernmental and ... More


Richard Epstein and the Incredible Shrinking Government

in Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226238081
eISBN:
9780226238104
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226238104.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Reagan platform which was constitutionally mandated as studied by Richard Epstein, a brilliant libertarian scholar at the University of Chicago Law School. He argued that ... More


Strict Liability

Ernest J. Weinrib

in The Idea of Private Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.003.0007
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter deals with the relation of strict liability to corrective justice. The first half criticizes Richard Epstein's sustained effort to vindicate strict liability as a requirement of justice ... More


The Conservative Case for Regulation

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0003
Subject:
Law, Constitutional and Administrative Law

Contrary to common misperceptions, conservatives and libertarians believe that markets need some rules. Drawing on the work of Milton Friedman, Friedrich Hayek, Richard Epstein, and others from the ... More


Property, Speech, and the Politics of Presumptive Power

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0010
Subject:
Law, Law of Obligations

This chapter considers the argument made by Richard Epstein regarding property and speech. In his well known article, ‘Property, Speech, and the Politics of Distrust’, Epstein argues that there has ... More


To the Slaughterhouse

Jefferson Decker

in The Other Rights Revolution: Conservative Lawyers and the Remaking of American Government

Published in print:
2016
Published Online:
September 2016
ISBN:
9780190467302
eISBN:
9780190600587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190467302.003.0009
Subject:
History, American History: 20th Century, Political History

Ronald Reagan’s second term in office began with big ambitions but was plagued by scandal and mismanagement. Veterans of conservative legal groups working for the administration experienced these ... More


Property and Utility

Richard Adelstein

in The Exchange Order: Property and Liability as an Economic System

Published in print:
2017
Published Online:
September 2017
ISBN:
9780190694272
eISBN:
9780190694302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190694272.003.0004
Subject:
Economics and Finance, Economic Systems

This chapter shows how government constrains ownership in pursuing its objectives, considers the police power and eminent domain as alternative ways of achieving them in light of the dispute between ... More


The Practice of Corrective Justice

JULES L. COLEMAN

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0003
Subject:
Law, Philosophy of Law

The extent to which this book sees corrective justice in tort law surely depends on its understanding of it; the same is true of any would-be corrective justice account of tort law: Ernest Weinrib’s, ... More


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