Property Rights, Economic Policy and the American Constitution: Theory, Protection, Practice Seminar | L4499

This law and public policy course involves the study of historical and evolving notions of private property as well as public controls on private property rights in the American constitutional legal order. The course examines a variety of notions and theories related to the role of private property rights in social and economic organization and in promoting economic development, securing civil liberties and individual freedoms, and in promoting social justice in American society and throughout the world. The course includes the study of specific juridical doctrines in the United States related to the protection of private property rights and examines the role of private property rights in the operation of free markets and economic development, including emerging public fiscal and regulatory strategies focused on economic growth and job creation. Public controls on property rights related to protection of a community's cultural, historic, and aesthetic values, as well as public controls related to urban planning, environmental protection, and sustainable development, including global warming and climate change, also may be topics for discussion. Issues related to the public taxing and spending power, and the role of culture, property rights, and social institutions in promoting economic prosperity and securing individual dignitary values also are examined. Readings may be drawn from the following books among others: Tom Bethell, The Noblest Triumph: Property and Prosperity Through the Ages (1999) Milton Freedman, Capitalism and Freedom (1960) James Gwartney, et al, Common Sense Economics (2010) Daniel Hannan, The New Road to Serfdom (2010) Joseph Stiglitz, Freefall: America, Free Markets, and the Sinking of the World Economy (2010) Grade is based 50% class participation and 50% take home exam. (Students may elect this class for 3 hrs credit with a faculty approved short 1 credit independent research paper on a related topic).

Prerequisites: None
Credit Hours: 2
ULW: This course does not satisfy the Upper Level Writing requirement (ULW)


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