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OverviewFull Product DetailsAuthor: Guy F. BurnettPublisher: Lexington Books Imprint: Lexington Books Dimensions: Width: 15.90cm , Height: 2.00cm , Length: 23.80cm Weight: 0.399kg ISBN: 9780739197837ISBN 10: 0739197835 Pages: 176 Publication Date: 11 December 2014 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of ContentsChapter 1: Introduction Chapter 2: The Facts of the Case and the Original Decisions Chapter 3: The Object of Society: The Amicus Briefs and Oral Argument Chapter 4: The Evolving Public Use Clause: The Majority Opinion Chapter 5: At a Loss What Expedient to Substitute: The Concurring Opinion Chapter 6: Merely Incidental Benefits: O’Connor’s Dissenting Opinion Chapter 7: Something Has Gone Seriously Awry: Thomas’s Dissenting Opinion Chapter 8: More Like a Living Nightmare Than a Dream: The Kelo Backlash Chapter 9: ConclusionReviewsGuy F. Burnett has done an enormous favor for political scientists, lawyers, and concerned citizens by placing the Constitution's Takings Clause -and the Supreme Court's controversial decision in the Kelo case-in the full context of the Founders' Constitution and American legal history. His account is at once erudite and highly readable. -- Bradley C. S. Watson, Saint Vincent College The Takings Clause of the Fifth Amendment declares that no private property shall 'be taken for public use, without just compensation.' In this well-researched book, Burnett provides an in-depth case study of Kelo v. City of New London-the highly-controversial 2005 decision in which the Supreme Court completed the process of reading 'public use' out of the Constitution and replacing it with 'public purpose.' Burnett expertly sets the stage by thoroughly discussing the litigation at the state court level in which Susette Kelo valiantly fought to protect her house from the city's power of eminent domain. He then explores the legal arguments advanced before the Supreme Court as found in the merit and amici briefs and as presented in the oral argument before masterfully analyzing Justice Stevens's majority opinion, Justice Kennedy's concurrence, and the dissents by Justices O'Connor and Thomas. He finishes by exploring the impact of Kelo on subsequent litigation and the legislative reaction to it at the federal, state, and local levels. Burnett's elucidation of the Court's evolving interpretation of 'public use' over the past century clearly shows how precedent can easily erode the original meaning of language that was understood to be a bedrock protection of private property. This book deserves a wide readership. -- Ralph A. Rossum, Claremont McKenna College Guy F. Burnett has done an enormous favor for political scientists, lawyers, and concerned citizens by placing the Constitution's Takings Clause -and the Supreme Court's controversial decision in the Kelo case-in the full context of the Founders' Constitution and American legal history. His account is at once erudite and highly readable. -- Bradley C. S. Watson, Saint Vincent College Author InformationGuy F. Burnett is assistant professor of government and foreign affairs at Hampden-Sydney College in Virginia. Tab Content 6Author Website:Countries AvailableAll regions |
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