Showing 1 - 4 of 4
Though both the U.S. Constitution and the Michigan Constitution say that property shall not be taken for public use quot;without just compensation,quot; court interpretations of various laws and regulations have undermined that principle. Owners are usually awarded compensation in the courts...
Persistent link: https://www.econbiz.de/10012752117
The Framers of the United States Constitution understood that freedom depends upon the vigorous protection of private property rights and that this protection was therefore the most sacred obligation of government. However, despite Fifth and Fourteenth Amendment guarantees, recent years have...
Persistent link: https://www.econbiz.de/10012752118
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the...
Persistent link: https://www.econbiz.de/10012753811
Justice Scalia defends textualism as the only form of interpretation that should govern judicial interpretation of statutes and the Constitution. The book begins with an essay by Justice Scalia establishing the framework of his interpretive model and arguing that his model is mandated to achieve...
Persistent link: https://www.econbiz.de/10012754259