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Most states use the term eminent domain, but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. [45] [46] The term condemnation is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property.
The term "condemnation" is used to describe the formal act of the exercise of the power of eminent domain to transfer title to the property from its private owner to the government. This use of the word should not be confused with its sense of a declaration that property is uninhabitable due to defects.
In his article "Why the Market Subverts Democracy", Robin Hahnel takes issue with Friedman's concept of economic freedom, asserting that there will be infringements on the freedom of others whenever anyone exercises their own economic freedom. He argues that such infringements produce conflicts that are resolved through property rights systems ...
In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of ...
It is not necessary to say that the two Clauses are identical in their mandate or their purpose and effect to acknowledge that the rights of speech and petition share substantial common ground. This Court has said that the right to speak and the right to petition are "cognate rights." Thomas v. Collins, 323 U. S. 516, 530 (1945); see also Wayte v.
The history of the Supreme Court's interpretation of the Free Exercise Clause follows a broad arc, beginning with approximately 100 years of little attention, then taking on a relatively narrow view of the governmental restrictions required under the clause, growing into a much broader view in the 1960s, and later again receding.
The acts of civil disobedience by means of protest have long been recognized by those like Thoreau, Gandhi, Martin Luther King Jr. and our own Clara Luper during the birth of the civil rights ...
Majority rule or parliamentary sovereignty vs. bill of rights or arbitrary rules with separation of powers and supermajority rules to prevent tyranny of the majority and protect minority rights; Rule according to higher law (unwritten ethical principles) vs. written constitutionalism; Separation of church and state or free church vs. state religion