Blaisdell Case: Fighting Foreclosure & the Contract Clause in the Great Depression – Fliter & Hoff 2012 Paperback-image
Blaisdell Case: Fighting Foreclosure & the Contract Clause in the Great Depression – Fliter & Hoff 2012 Paperback-image

Blaisdell Case: Fighting Foreclosure & the Contract Clause in the Great Depression – Fliter & Hoff 2012 Paperback

$ 4.35

gtin13: 9780700618729 Table Of Content: Editors' Preface Acknowledgments Introduction 1. Origins of the Contract Clause 2. The Supreme Court and the Contract Clause Prior to Blaisdell 3. "And We Didn't Mean Maybe": Farmers Demand a Holiday 4. Passing the Minnesota Mortgage Moratorium Act 5. The Minnesota Mortgage Moratorium Act in State Court 6. The Hughes Court: Four Horsemen, Three Muskateers, and Two Swingers 7. The Supreme Court Decides: "A Rational Compromise between Individual Rights and Public Welfare" 8. Reaction to the Blaisdell Decision Postscript on the Great Recession's Mortgage Crisis Chronology Relevant Cases Bibliographical Essay Index Genre: Law, Political Science, Business & Economics, History brand: University Press of Kansas Publisher: University Press of Kansas Item Width: 5.5 in Book Series: Landmark Law Cases and American Society Ser. LCCN: 2012-016539 ISBN-10: 0700618724 Language: English Dewey Decimal: 346.7304/364 Topic: Constitutional, United States / 20th Century, Real Estate, Real Estate / General, Constitutions, Legal History ISBN-13: 9780700618729 Item Length: 8.4 in Author: John A. Fliter, Derek S. Hoff Book Title: Fighting Foreclosure : the Blaisdell Case, the Contract Clause, and the Great Depression Publication Year: 2012 Format: Trade Paperback Dewey Edition: 23 Synopsis: In the depths of the Great Depression, when foreclosure rates skyrocketed across the United States, more than two dozen states passed mortgage-extension or -adjustment laws to help farmers and homeowners keep their properties. One such statute in Minnesota led to the most important property law case of its time and still casts a long shadow upon constitutional debates and our own era's severe economic downturn. Fighting Foreclosure marks the first book-length study of the landmark 1934 Supreme Court decision in Home Building and Loan Association v. Blaisdell, which, by a 5-4 vote, upheld the Minnesota Mortgage Moratorium Act. On the one hand, Blaisdell validated efforts by states to offer legislative relief to citizens struggling to keep their farms and homes. On the other, it caused an outcry among banking interests and conservative legal theorists, who argued that these laws violated the Contract Clause of the Constitution and interfered with our free market system. In his majority opinion, Chief Justice Charles Evans Hughes argued that the reasonable and limited nature of the law and the unusual severity of the emergency it addressed placed it firmly within the "police powers" of the states to protect the health and safety of the people. In a strongly worded dissent, Justice George Sutherland argued for a consistent and strict interpretation of the Contract Clause regardless of economic exigency. John Fliter and Derek Hoff provide a concise history and analysis of not only this landmark case and the reasoning behind its sharply divided decision but also of the entire history of the Contract Clause. They trace closely the agricultural crisis, political pressures, and farmer-protest movement that produced the Minnesota law. And their study contributes to scholarly debate about the origins of the Constitutional Revolution of 1937, by which the Supreme Court accepted the New Deal, as well as to public debates about constitutional interpretation and the role that government should play in providing relief to distressed citizens. In the midst of our nation's ongoing suffering from massive foreclosures and bankruptcies, Fighting Foreclosure also offers a potent reminder that the High Court's decisions often revolve around lives at risk as much as abstract legal debates., The first book-length study of the landmark 1934 Supreme Court decision that validated efforts by states to offer legislative relief to Depression-era citizens struggling to keep their farms and homes. The close 5-4 decision remains a touchstone for debates over the constitutionality (and benefits) of state intervention to the economy. Reviews: "An engaging and wide-ranging history and doctrinal analysis of an important case that also explains why Blaisdell is relevant to the present mortgage foreclosure crisis."- William G. Ross , author of The Chief Justiceship of Charles Evans Hughes "A case study in constitutional history as it ought to be written, with a keen eye to the political and social setting, the often-neglected role of lawyers and lower-court jurists, and the ironies and limits of litigation."- Michael Parrish , author of The Hughes Court: Justices, Rulings, and Legacy "A very readable and extremely timely study of a key Great Depression-era case."- Paul Kens , author of Lochner v. New York: Economic Regulation on Trial, "A detailed account of a foundational Supreme Court case that is also a very readable historical narrative. Deftly intertwining legal, social, and political history, Fliter and Hoff illuminate the groundbreaking depression-era case of Home Building and Loan Association v. Blaisdell , with ended the long hold of the United States Constitution's Contract Clause on legislative mortgage relief."-- Agricultural History "A comprehensive study of a particular case in US constitutional law. In this instance, the case is Home Building and Loan Association v. Blaisdell, in which the US Supreme Court upheld the Minnesota Mortgage Moratorium Act of 1933 against a challenge by businesses and banks that it violated the US Constitution's contract clause. By placing this case within the context of the Great Depression and the politics cleaving the nation at the time, Fliter and Hoff bring the case to life and provide a greater understanding to its relevance by adding a postscript on the mortgage crisis afflicting the US in 2012. Highly recommended."-- Choice "A noteworthy contribution. . . . Will be especially useful for educators who are non-specialists in constitutional history. The authors' clear organization, vivid description of the events that led to the Blaisdell case, discussion of relevant pre- and post-Blaisdell jurisprudence, and concise prose make the book a valuable resource for students, scholars, and general readers."-- Kansas History "...an interesting, timely piece of scholarship...If you are in search of an original and fresh was to introduce politics and law in the Great Depression or to introduce students to broader tensions between individual rights and the public interest and historical controversies over the meaning of the Constitution, this book has a lot to offer." -- Perspectives on Politics I recommend Fighting Foreclosure to economic historians of property rights and institutions, as well as those who study mortgage markets and the Great Depression. The book is highly readable and informative."-- EH.Net , Economic History Association, "An engaging and wide-ranging history and doctrinal analysis of an important case that also explains why Blaisdell is relevant to the present mortgage foreclosure crisis."-- William G. Ross , author of The Chief Justiceship of Charles Evans Hughes "A case study in constitutional history as it ought to be written, with a keen eye to the political and social setting, the often-neglected role of lawyers and lower-court jurists, and the ironies and limits of litigation."-- Michael Parrish , author of The Hughes Court: Justices, Rulings, and Legacy "A very readable and extremely timely study of a key Great Depression-era case."-- Paul Kens , author of Lochner v. New York: Economic Regulation on Trial, An engaging and wide-ranging history and doctrinal analysis of an important case that also explains why Blaisdell is relevant to the present mortgage foreclosure crisis.-- William G. Ross , author of The Chief Justiceship of Charles Evans Hughes A case study in constitutional history as it ought to be written, with a keen eye to the political and social setting, the often-neglected role of lawyers and lower-court jurists, and the ironies and limits of litigation.-- Michael Parrish , author of The Hughes Court: Justices, Rulings, and Legacy A very readable and extremely timely study of a key Great Depression-era case.-- Paul Kens , author of Lochner v. New York: Economic Regulation on Trial, "A detailed account of a foundational Supreme Court case that is also a very readable historical narrative. Deftly intertwining legal, social, and political history, Fliter and Hoff illuminate the groundbreaking depression-era case of Home Building and Loan Association v. Blaisdell , with ended the long hold of the United States Constitution's Contract Clause on legislative mortgage relief."-- Agricultural History "A comprehensive study of a particular case in US constitutional law. In this instance, the case is Home Building and Loan Association v. Blaisdell, in which the US Supreme Court upheld the Minnesota Mortgage Moratorium Act of 1933 against a challenge by businesses and banks that it violated the US Constitution's contract clause. By placing this case within the context of the Great Depression and the politics cleaving the nation at the time, Fliter and Hoff bring the case to life and provide a greater understanding to its relevance by adding a postscript on the mortgage crisis afflicting the US in 2012. Highly recommended."-- Choice "A noteworthy contribution. . . . Will be especially useful for educators who are non-specialists in constitutional history. The authors' clear organization, vivid description of the events that led to the Blaisdell case, discussion of relevant pre- and post-Blaisdell jurisprudence, and concise prose make the book a valuable resource for students, scholars, and general readers."-- Kansas History "...an interesting, timely piece of scholarship...If you are in search of an original and fresh was to introduce politics and law in the Great Depression or to introduce students to broader tensions between individual rights and the public interest and historical controversies over the meaning of the Constitution, this book has a lot to offer." -- Perspectives on Politics "I recommend Fighting Foreclosure to economic historians of property rights and institutions, as well as those who study mortgage markets and the Great Depression. The book is highly readable and informative."-- EH.Net , Economic History Association, "A detailed account of a foundational Supreme Court case that is also a very readable historical narrative. Deftly intertwining legal, social, and political history, Fliter and Hoff illuminate the groundbreaking depression-era case of Home Building and Loan Association v. Blaisdell , with ended the long hold of the United States Constitution's Contract Clause on legislative mortgage relief."- Agricultural History Item Height: 0.7 in Item Weight: 12.3 Oz LC Classification Number: KF228.B575F55 2012 Number of Pages: 232 Pages

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About this Item The item is a Book Paperback or Softback The Author Name is Fliter, John A. The Title is Fighting Foreclosure: The Blaisdell Case, the Contract Clause, and the Great Depression Condition New Other Comments Pages Count - 232. Category - Law We Use Stock Images Because we have over 2 million items for sale we have to use stock images, this listing does not include the actual image of the item for sale. The purchase of this specific item is made with the understanding that the image shown in this listing is a stock image and not the actual item for sale. For example: some of our stock images include stickers, labels, price tags, hyper stickers, obi's, promotional messages, signatures and or writing which may not be available in the actual item. When possible we will add details of the items we are selling to help buyers know what is included in the item for sale. The details are provided automatically from our central master database and can sometimes be wrong. Books are released in many editions and variations, such as standard edition, re-issue, not for sale, promotional, special edition, limited edition, and many other editions and versions. The Book you receive could be any of these editions or variations. If you are looking for a specific edition or version please contact us to verify what we are selling. Gift Ideas This is a great gift idea. Hours of Service We have many warehouses, some of the warehouses process orders seven days a week, but the Administration Support Staff are located at a head office location, outside of the warehouses, and typically work only Monday to Friday. Location ID 9000z iHaveit SKU ID 167355942

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