Bargaining with the State examines the threats to liberty that arise through the power of government selectively to distribute benefits and favors to its citizens. For Richard Epstein, the preservation of individual liberty against government contractual power advances not only the short-term interest of the individual citizen but also the long-term overall social welfare.
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Book Description
Editorial Reviews
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Mr. Epstein turns to a long-standing puzzle of constitutional law, the paradox of unconstitutional conditions. Both his libertarian admirers and his mainstream detractors may be surprised by his relatively pragmatic tone. -- Review
From the Back Cover
"Richard Epstein has a unique ability to develop a coherent political and economic philosophy within an informed survey of the particulars of judicial interpretation. For those of us outside the legal academy, this book offers a valuable learning experience."--James M. Buchanan, Nobel Laureate in Economics
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Inside This Book
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First Sentence:
In this book I shall explore the extent to which, as a matter of political and constitutional theory, it is proper to impose limits on the power of the state to bargain with its citizens. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
lateral easement, disproportionate impact test, unconstitutional conditions doctrine, see supra chap, bargaining risk, bargaining difficulties, zero transaction cost world, interim damages, see infra chap, cooperative surplus, bargaining range, highway cases, compensation requirement, public trust doctrine, overall social welfare Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, New York, Legal Stud, Western Union, Puerto Rico, First English, Hyde Amendment, New Deal, Fourth Amendment, New Jersey, Robert Nozick, Commonwealth Edison, Frost Trucking, National League of Cities, South Carolina, South Dakota, Van Alstyne, Code Ann, Dartmouth College, Fourteenth Amendment, Land Use Exactions, National Labor Relations Act, Southern Railway, Tenth Amendment New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
In this book I shall explore the extent to which, as a matter of political and constitutional theory, it is proper to impose limits on the power of the state to bargain with its citizens. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
lateral easement, disproportionate impact test, unconstitutional conditions doctrine, see supra chap, bargaining risk, bargaining difficulties, zero transaction cost world, interim damages, see infra chap, cooperative surplus, bargaining range, highway cases, compensation requirement, public trust doctrine, overall social welfare Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, New York, Legal Stud, Western Union, Puerto Rico, First English, Hyde Amendment, New Deal, Fourth Amendment, New Jersey, Robert Nozick, Commonwealth Edison, Frost Trucking, National League of Cities, South Carolina, South Dakota, Van Alstyne, Code Ann, Dartmouth College, Fourteenth Amendment, Land Use Exactions, National Labor Relations Act, Southern Railway, Tenth Amendment New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 43
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33
books
cite this book:
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- Anarchy, State, and Utopia by Robert Nozick on page 30, page 34, and page 76
- Tribe's American Constitutional Law, 3D (University Textbook Series) by Laurence H. Tribe on page 132, and page 154
- Price Theory by Milton Friedman on page 25, and page 51
- Economic Analysis of Law by Richard A. Posner on page 33, and page 59
- A Concise History of the Common Law by Theodore F.T. Plucknett on page 247, and page 305
See all 43 books this book cites
- The Corporation and the Constitution by Harry N. Butler on 4 pages
- Skepticism and Freedom: A Modern Case for Classical Liberalism (Studies in Law and Economics) by Richard A. Epstein on 4 pages
- Principles For A Free Society: Reconciling Individual Liberty With The Common Good by Richard A. Epstein in Front Matter, Back Matter (1), and Back Matter (2)
- Principles For A Free Society: Reconciling Individual Liberty With The Common Good by Richard A. Epstein in Front Matter, Back Matter (1), and Back Matter (2)
- Mortal Peril: Our Inalienable Right to Health Care? by Richard Epstein in Front Matter, Back Matter (1), and Back Matter (2)
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