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Liberty, Property, and Government
Constitutional Interpretation Before the New Deal
Liberty, Property, and Government
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Ellen Frankel Paul - Editor
Howard Dickman - Editor
SUNY series in The Constitution and Economic Rights
Price: $55.50 
Hardcover - 303 pages
Release Date: July 1989
ISBN10: 0-7914-0086-7
ISBN13: 978-0-7914-0086-9

Quantity:  
Price: $31.95 
Paperback - 303 pages
Release Date: July 1989
ISBN10: 0-7914-0087-5
ISBN13: 978-0-7914-0087-6

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Summary

This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth.

The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the “rhetoric” of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?

Ellen Frankel Paul is Deputy Director of the Social Philosophy and Policy Center and Professor of Political Science at Bowling Green State University. Howard Dickman is a Research Associate at the Social Philosophy and Policy Center at Bowling Green State University. They are coeditors of Liberty, Property, and the Foundations of the American Constitution published by SUNY Press.


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Table of Contents

Acknowledgments

Introduction

Lochner and Company: Revisionism Revisited
MARY CORNELIA PORTER

Holmes, Brandeis, and Pound: Sociological Jurisprudence as a Response to Economic Laissez-Faire
PAUL L. MURPHY

Evolving Conceptions of 'Property' and 'Liberty' in Due Process Jurisprudence
GLEN O. ROBINSON

The Proper Scope of the Commerce Power
RICHARD A. EPSTEIN

Economic Liberty, Antitrust, and the Constitution, 1880-1925
TONY FREYER

The Jurisprudence—and Mythology—of Eminent Domain in American Legal History
HARRY N. SCHEIBER

Republicanism, Railroads, and Nineteenth-Century Midwestern Constitutionalism
ALAN JONES

Up from Dred Scott; Down to Slaughterhouse: Inventive Interim Judicial Protections for Property in Reconstruction America
HAROLD M. HYMAN

Contributors

Index


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