front cover of The Grasping Hand
The Grasping Hand
"Kelo v. City of New London" and the Limits of Eminent Domain
Ilya Somin
University of Chicago Press, 2015
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
           
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them.  Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
 
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front cover of The Grasping Hand
The Grasping Hand
"Kelo v. City of New London" and the Limits of Eminent Domain
Ilya Somin
University of Chicago Press, 2015
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
           
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them.  Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
 
[more]

front cover of One Colonial Woman's World
One Colonial Woman's World
The Life and Writings of Mehetabel Chandler Coit
Michelle Marchetti Coughlin
University of Massachusetts Press, 2012
This book reconstructs the life of Mehetabel Chandler Coit (1673–1758), the author of what may be the earliest surviving diary by an American woman. A native of Roxbury, Massachusetts, who later moved to Connecticut, she began her diary at the age of fifteen and kept it intermittently until she was well into her seventies. A previously overlooked resource, the diary contains entries on a broad range of topics as well as poems, recipes, folk and herbal medical remedies, religious meditations, and financial accounts. An extensive collection of letters by Coit and her female relatives has also survived, shedding further light on her experiences.

Michelle Marchetti Coughlin combs through these writings to create a vivid portrait of a colonial American woman and the world she inhabited. Coughlin documents the activities of daily life as well as dramas occasioned by war, epidemics, and political upheaval. Though Coit's opportunities were circumscribed by gender norms of the day, she led a rich and varied life, not only running a household and raising a family, but reading, writing, traveling, transacting business, and maintaining a widespread network of social and commercial connections. She also took a lively interest in the world around her and played an active role in her community.

Coit's long life covered an eventful period in American history, and this book explores the numerous—and sometimes surprising—ways in which her personal history was linked to broader social and political developments. It also provides insight into the lives of countless other colonial American women whose history remains largely untold.
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