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Vanderbilt University Law School
Vanderbilt Law School Faculty Publications
Anti-competitive laws; anti-margarine laws; entry barriers; New State; ordinary callings; property rights
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Buchanan And The Right To Acquire Property, James W. Ely Jr.
Buchanan And The Right To Acquire Property, James W. Ely Jr.
Vanderbilt Law School Faculty Publications
This article examines the impact of the Supreme Court decision in Buchanan v. Warley (1917) invalidating residential segregation laws as a deprivation of property rights without due process of law. The decision was premised on a strong affirmation of the right to acquire property. The article explores the historical background and contemporary significance of the right to acquire property. It notes that early state constitutions expressly recognized such a right. It points out that the right to acquire found practical expression in hostility to state-conferred monopoly and in the right to follow common occupations, two doctrines which evolved under the …