Unavailable
Unavailable
Unavailable
Ebook589 pages12 hours
The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain
By Ilya Somin
Rating: 0 out of 5 stars
()
Currently unavailable
Currently unavailable
About this ebook
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.
Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.
Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
Unavailable
Read more from Ilya Somin
The Grasping Hand: Kelo v. City of New London & the Limits of Eminent Domain Rating: 0 out of 5 stars0 ratingsDemocracy and Political Ignorance: Why Smaller Government Is Smarter, Second Edition Rating: 0 out of 5 stars0 ratingsFederal Britain: The Case for Decentralisation Rating: 0 out of 5 stars0 ratings
Related to The Grasping Hand
Related ebooks
The Anti-Rent Era in New York Law and Politics, 1839-1865 Rating: 4 out of 5 stars4/5Fire & Smoke: Government, Lawsuits, and the Rule of Law Rating: 0 out of 5 stars0 ratingsThe Constitution in the Supreme Court: The First Hundred Years, 1789-1888 Rating: 4 out of 5 stars4/5Summary of David Enrich's Servants of the Damned Rating: 0 out of 5 stars0 ratingsThe Credentialed Court: Inside the Cloistered, Elite Supreme Court Rating: 0 out of 5 stars0 ratingsLawyers of the Right: Professionalizing the Conservative Coalition Rating: 0 out of 5 stars0 ratingsRegulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law Rating: 0 out of 5 stars0 ratingsAddressing Rape Reform in Law and Practice Rating: 0 out of 5 stars0 ratingsRegulation versus Litigation: Perspectives from Economics and Law Rating: 0 out of 5 stars0 ratingsBuilding the Judiciary: Law, Courts, and the Politics of Institutional Development Rating: 0 out of 5 stars0 ratingsEconomics and the Law: From Posner to Postmodernism and Beyond - Second Edition Rating: 1 out of 5 stars1/5The Canon of American Legal Thought Rating: 4 out of 5 stars4/5Stanford Law Review: Volume 64, Issue 4 - April 2012 Rating: 0 out of 5 stars0 ratingsAt the Altar of the Appellate Gods: Arguing before the US Supreme Court Rating: 0 out of 5 stars0 ratingsA Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before Rating: 3 out of 5 stars3/5Judges and Their Audiences: A Perspective on Judicial Behavior Rating: 4 out of 5 stars4/5Scalia: A Court of One Rating: 5 out of 5 stars5/5How America Got Its Guns: A History of the Gun Violence Crisis Rating: 0 out of 5 stars0 ratingsThe Transformation of Criminal Justice: Philadelphia, 1800-1880 Rating: 0 out of 5 stars0 ratingsHousing Desegregation and Federal Policy Rating: 0 out of 5 stars0 ratingsDrug War Crimes: The Consequences of Prohibition Rating: 4 out of 5 stars4/5The Constitution in the Supreme Court: The Second Century, 1888-1986 Rating: 0 out of 5 stars0 ratingsGroupthink Versus High-Quality Decision Making in International Relations Rating: 0 out of 5 stars0 ratingsLaw and Public Choice: A Critical Introduction Rating: 4 out of 5 stars4/5What Makes A Court Supreme Rating: 0 out of 5 stars0 ratingsLawyers and Justice: An Ethical Study Rating: 0 out of 5 stars0 ratingsLiving on the Edge: Memories of a Trial Lawyer Rating: 0 out of 5 stars0 ratingsCato Supreme Court Review: 2019-2020 Rating: 0 out of 5 stars0 ratings
Law For You
Verbal Judo, Second Edition: The Gentle Art of Persuasion Rating: 4 out of 5 stars4/5Estate & Trust Administration For Dummies Rating: 0 out of 5 stars0 ratingsLegal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5The ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5The Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/5Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America Rating: 4 out of 5 stars4/5No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Rating: 4 out of 5 stars4/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/5Death in Mud Lick: A Coal Country Fight against the Drug Companies That Delivered the Opioid Epidemic Rating: 4 out of 5 stars4/5The Law Rating: 4 out of 5 stars4/5Wills and Trusts Kit For Dummies Rating: 5 out of 5 stars5/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration Rating: 3 out of 5 stars3/5The LLC and Corporation Start-Up Guide: Your Complete Guide to Launching the Right Business Rating: 5 out of 5 stars5/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5Law For Dummies Rating: 4 out of 5 stars4/5The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks Rating: 4 out of 5 stars4/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5How to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 3 out of 5 stars3/5Jews Don’t Count Rating: 4 out of 5 stars4/5Win In Court Every Time Rating: 5 out of 5 stars5/5Critical Race Theory: The Cutting Edge Rating: 4 out of 5 stars4/5The Pro Se Litigant's Civil Litigation Handbook: How to Represent Yourself in a Civil Lawsuit Rating: 5 out of 5 stars5/5No Stone Unturned: The True Story of the World's Premier Forensic Investigators Rating: 4 out of 5 stars4/5The Mueller Report: Final Special Counsel Report of President Donald Trump and Russia Collusion Rating: 4 out of 5 stars4/5Patents, Copyrights and Trademarks For Dummies Rating: 4 out of 5 stars4/5Executor's Guide, The: Settling a Loved One's Estate or Trust Rating: 0 out of 5 stars0 ratings
Reviews for The Grasping Hand
Rating: 0 out of 5 stars
0 ratings
0 ratings0 reviews