economic liberties and the judiciary

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Economic Reasoning And Judicial Review

Author : Stephen G. Breyer
ISBN : 0844771759
Genre : Political Science
File Size : 39. 15 MB
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The judicial review of regulatory agencies' decisions, and of statutory enactments with important economic content, presents unique and persistent problems. These decisions are often technical and complex, and the judicial review is usually performed by non-specialists who often seek to provide clear rules and predictability, not case-by-case economic balancing of their own. Sound economic policy requires a balancing of both costs and benefits and demand and supply. In Economic Reasoning and Judicial Review (AEI Press, March 2004)--an essay first presented in December 2003 as the AEI-Brookings Joint Center for Regulatory Studies' 2003 Distinguished Lecture--Stephen G. Breyer, Associate Justice of the United States Supreme Court, discusses these dilemmas in the context of recent Supreme Court decisions and offers suggestions for addressing them. In order to bring economic reasoning to bear in legal fields, such as antitrust law, intellectual property law, and economic regulation, Justice Breyer recommends the following: The law must take into greater consideration the underlying human purposes of the law, rather than simply favor strict legal categories. Courts should consider using independent experts for economic reasoning in technical areas rather than sending judges to economic seminars. These experts should understand the role that administrative considerations, such as the need for rules, play in the law. Given the law's reluctance to rely upon novel approaches, institutions outside the judiciary should debate and adopt economic methods for the courts to model. The legal process, Justice Breyer argues, "is too important to be left simply to the legal specialists, to the lawyers, or even to the judges." Those with basic economic or regulatory policymaking expertise need to participate in the judicial process. Whether serving as experts in individual cases or informed court watchers and critics, these experts can help lawyers and judges understand the tools of analysis and encourage their use. Justice Breyer has long been a leader in the quest to build a rational consensus on the appropriate role of government intervention in a market-based economy. As counsel to the Senate Judiciary Committee, he was one of the chief architects of airline deregulation. As a Harvard University law professor and a Supreme Court Justice, he has made seminal contributions to the understanding of social and economic regulation, copyright law, and administrative law. Justice Breyer is the author of Regulation and Its Reform (Harvard, 1992) and Breaking the Vicious Circle: Toward Effective Risk Regulation (Harvard, 1993).

Economic Liberties And The Constitution

Author : Bernard H. Siegan
ISBN : 9781351312516
Genre : Law
File Size : 84. 91 MB
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In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare?most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason?the necessity?for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.

Scalia V Epstein

Author : Antonin Scalia
ISBN : 9781937184469
Genre : Political Science
File Size : 60. 17 MB
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With the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A.Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal.

The Economics And The Ethics Of Constitutional Order

Author : James M. Buchanan
ISBN : 0472102222
Genre : Business & Economics
File Size : 71. 61 MB
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Nobel Laureate James Buchanan questions how people can live together in peace, prosperity, and justice

Bibliography Of Law And Economics

Author : B. Bouckaert
ISBN : 9789401708937
Genre : Law
File Size : 43. 74 MB
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Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.

Overruled The Long War For Control Of The U S Supreme Court

Author : Damon Root
ISBN : 9781137474681
Genre : Political Science
File Size : 86. 92 MB
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Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.

Judicial Independence At The Crossroads

Author : Stephen B Burbank
ISBN : 9781452262888
Genre : Political Science
File Size : 55. 4 MB
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Concerned that scholars in various disciplines were talking past each other and that policy debates concerning judicial independence were impoverished, the editors convened a conference of scholars from the disciplines of law, political science, history, economics and sociology. Judicial Independence at the Crossroads: An Interdisciplinary Approach is a collection of essays reflecting the disciplinary perspectives of the authors and the shared understanding that emerged from the conference.

Measuring Judicial Independence

Author : J. Mark Ramseyer
ISBN : 0226703878
Genre : Law
File Size : 50. 32 MB
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The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

Toward Liberty

Author : David Boaz
ISBN : 1930865279
Genre : Political Science
File Size : 80. 20 MB
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This book, published in conjunction with Cato's 25th Anniversary, is a must-have collection of the best articles published by Cato over the past 25 years.

David S Hammer

Author : Clint Bolick
ISBN : 9781933995021
Genre : Law
File Size : 24. 35 MB
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An active judiciary is a key element in our government that ensures that limits are placed on executive and legislative action, constitutional rights are protected, and unelected bureaucrats are kept in check.

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