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In this paper I plan to trace the high regard for property as a constitutional norm throughout much of American history, and then to discuss the declining protection afforded property rights in the wake of the political ascendancy of the New Deal.
Dec 1, 2006 · Creating an American Property Law: Alienability and Its Limits in American History. This article analyzes an issue central to the economic and political development of the early United States: laws protecting real property from the claims of creditors.
First, this Article examines patterns of erasure in the property-law canon to explore how we came to understand property law as primarily a collection of doctrines derived from English law regulating relations between neighbors.
Property law, principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured. What distinguishes property law from other kinds of law is that property law deals with the relationships between and among members of a society.
The idea of property consists in an established expectation; in the persuasion of being able to draw such or such an advantage from the thing possessed, according to the nature of the case. Now this expectation, this persuasion, can only be the work of law.
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Follow the Traditional Common Law in Defining “Private Property,” “Public Use,” and “Just Compensation”. As we saw above, property rights are not protected by the Fifth Amendment’s ...
Property figured centrally in the successive schemes of legal relations that the Constitution was taken to create and secure. These orders of political economy did not, however, rest on interpretation of explicit parchment barriers against interference with ownership.
