Privilege and Creative Destruction

A new edition of Kutler's classic work, in which he analyzes the origins, context, and impact of the Charles River Bridge case, in which the Supreme Court ruled that the state of Massachusetts had the right to erect a free bridge over the Charles River even though it had previously chartered a privately owned toll bridge at the same location. Kutler argues that the... case is a landmark instance of 'creative destruction' by the judiciary, whereby the Court permitted new community needs to supersede previously held property rights.

Richly detailed and methodically reasoned... Highly recommended for all students of legal history.