James W. Ely

Lawyers and the Making of English Land Law: 1832–1940

Lawyers and law reform conveyancing reform title registration achieved perfecting a private market professionalism, officialism - solicitors and the state 1898-1912 - the old order resurgent lawyers law - the conveyancing Bills 1913-1914 law fit for heroes retrospect and epilogue.

The Bill of Rights in modern America : after 200 years

INTRODUCTION: James W. Ely, Jr., and David J. Bodenhamer PART ONE: THE MYTH AND REALITY OF RIGHTS Rights Consciousness in American History: Daniel T. Rodgers The Explosion and Erosion of Rights: Gary L. McDowell PART TWO: MODERN RIGHTS IN CONTROVERSY Symbolic Speech and the First Amendment: Paul L. Murphy Church and State: The Religion Clauses: Melvin I. Urofsky Public Safety and the Right to Bear Arms: Robert J. Cottrol and Raymond T. Diamond The Engmatic Place of Property Rights in Modern Constitutional Thought: James W. Ely, Jr. Reversing the Resolution: Rights of the Accused in a Conservative Age: David J. Bodenhamer Police Practices and the Bill of Rights: Laurence A. Benner and Michal R. Belknap The Cruel and Unusual Punishment Clause: A Limit on the Power to Punish or Constitutional Rhetoric Joseph L. Hoffmann Equal Protection and Affirmative Action: Herman Belz PART THREE: RIGHTS REMEMBERED, REVISED, AND EXTENDED A Ninth Amendment for TodayOs Constitution: Randy E. Barnett Of Floors and Ceilings: The New Federalism and State Bills of Rights: Kermit L. Hall NOTES BIBLIOGRAPHIC ESSAYS CONTRIBUTORS TABLE OF CASES INDEX

THE PROGRESSIVE ERA ASSAULT ON INDIVIDUALISM AND PROPERTY RIGHTS

This essay examines the far-reaching attack on individualism and property rights which characterized the Progressive Era of the early twentieth century. Scholars and political figures associated with Progressivism criticized the individualist values of classical liberalism and rejected the traditional notion of limited government espoused by the framers of the Constitution. They expressed great confidence in regulatory agencies, staffed by experts, to effectuate policy. Progressives paved the way for the later triumph of statist ideology with the New Deal in the 1930s. The essay traces the sources of the Progressive antipathy to individual rights to the influence of Bismarck’s program in Imperial Germany and the Social Gospel theology. It gives attention to the views of leading Progressive intellectuals who stressed the perceived need for increased governmental power and governance by an educated elite. The essay also explores the impact of Progressivism on constitutional law, arguing that the rise of “sociological jurisprudence,” with its skepticism about courts and stress on judicial deference to legislative judgments, served to advance the Progressive political agenda. Progressives looked with disfavor on any constitutional doctrine which curtailed governmental authority. The Progressive movement left a lasting legacy of diminished regard for individualism and a jurisprudence which stripped property of muscular constitutional protection.

Post-Kelo Reform: Is the Glass Half Full or Half Empty?

This paper examines the legislative and judicial response to the controversial Supreme Court decision in Kelo v. City of New London, which sustained the exercise of eminent domain for economic development purposes by private parties. It maintains that Kelo amounted to an expansive reading of the “public use” requirement that moved beyond existing doctrine. The paper finds little prospect for action at the national level to curb economic development takings. Much of the paper is devoted to an analysis of events at the state level. It takes a close look at the outpouring of state legislation and constitutional amendments adopted in reaction to Kelo, concluding that the efficacy of such measures varies widely from jurisdiction to jurisdiction. A common problem is an open-ended exception for “blight” takings. State courts have provided a more promising avenue to limit the free-wheeling exercise of eminent domain. Even before Kelo several state supreme courts barred economic development takings. Moreover, two state supreme courts have expressly rejected the reasoning in Kelo. Others have demonstrated greater skepticism about condemnations for economic development or to combat “blight.” To date most post-Kelo reform efforts have not totally shut the door on economic development takings. But Supreme Court decisions sometimes highlight long-ignored issues. One result of Kelo has been heightened public awareness of the need to reign in eminent domain and safeguard the rights of property owners.

An Economic History of the English Poor Law, 1750-1850

Acknowledgments Introduction 1. The development and administration of the old poor law in rural areas, 1760-1834 2. The old poor law in historical perspective 3. An economic model of the English poor law 4. The old poor law and the agricultural labor market in Southern England: an empirical analysis 5. The effect of poor relief on birth rates in Southeastern England 6. The poor law, migration and economic growth 7. The new poor law and the agricultural labor market, 1834-1850 8. The economics of poor relief in industrial cities Conclusion References Index.