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How Libertarians Ought to Think About the U.S. Civil War
According to many libertarians, the Union's victory in the Civil War represented a betrayal of American Constitution and of the fundamental principles of American political philosophy. These writersExpand
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The Right to Earn a Living
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In Defense of Substantive Due Process, or, The Promise of Lawful Rule
Perhaps no doctrine in constitutional law is more often attacked than the theory of “substantive due process.” Lawyers, law professors, and judges have denounced and ridiculed the idea for decades.Expand
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Some Problems with Spontaneous Order
In this paper I criticize certain aspects of the Hayekian distinction between "spontaneous" and "constructed" orders. While I contend that the distinction is useful as a descriptive matter, it cannotExpand
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The Common Law Right to Earn a Living
free book of your choice* such as the 25th Anniversary Edition of Crisis and Leviathan: Critical Episodes in the Growth of American Government, by Founding Editor Robert Higgs. This quarterlyExpand
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The Right to Earn a Living: Economic Freedom and the Law
America's founders thought the right to earn a living was so basic and obvious that it didn't need to be mentioned in the Bill of Rights. Yet today that right is burdened by a wide array ofExpand
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A Natural Rights Perspective on Eminent Domain in California: A Rationale for Meaningful Judicial Scrutiny of Public Use
Remarkably little attention has been paid to the role natural rights theory plays in understanding eminent domain. This article presents a historical review of the public use requirement,Expand
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A Public Convenience and Necessity and Other Conspiracies Against Trade: A Case Study from the Missouri Moving Industry
This article looks at the political economy and constitutionality of “Certificate of Public Convenience and Necessity�? or “Certificate of Need�? (CON) laws, which require a business to obtainExpand
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Equality of Opportunity in the Regulatory Age: Why Yesterday's Rationality Review Isn't Enough
Equal protection cases routinely distinguish between suspect and nonsuspect classifications. Because nonsuspect classifications are scrutinized under the forgiving rational basis test, governmentExpand
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