Written by attorneys · grounded in primary & secondary sources — see below
The management or administration of the wealth and resources of a community or entity.
Sources & Authorities
How it applies
Common Examples
6
Judge Promotes Local Business
Judge Edgar Evers spoke at a chamber of commerce luncheon and urged members to invest in Enigma Technologies. The judge highlighted how the company's growth would strengthen the regional economy. The judicial conduct commission found that the remarks advanced the judge's personal economic interests by boosting a company in which the judge held stock.
Landmark Law Limits Development
Ethan Evans owned a historic building in the city center. A new preservation ordinance prevented any profitable redevelopment. The regulation produced a severe economic impact on Evans by blocking all feasible uses while leaving the property with only a modest return.
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Cases
Statutes
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Restatements
Dictionaries
Eva Espinosa and Eugene Ellsworth signed a separation agreement that divided their assets unevenly. The court examined the parties' economic circumstances and found the agreement unconscionable because one spouse would be left without adequate resources after the divorce.
Lawyer Advises on Business Deal
Emma Erickson asked her lawyer whether to accept a merger offer from Elite Dynamics. The lawyer discussed not only the legal risks but also the broader economic factors that could affect the company's long-term viability in a shifting market.
Judge Owns Stock in Party
Judge Esther Eisenberg held shares in Edgewater Capital, a defendant in a pending contract dispute. Because the outcome would directly affect the value of those shares, the judge possessed an economic interest in the subject matter and was required to recuse.
State Defends Single-Sex Policy
A state military institute admitted only men and claimed the policy served important governmental objectives. The justification rested on generalizations about women's economic inferiority that the Court found insufficient to satisfy intermediate scrutiny.
Common questions
Frequently Asked
3
How does the concept of economy appear in judicial ethics rules?+
Judicial conduct provisions prohibit a judge from using the prestige of office to advance personal or economic interests of the judge or others. The rule focuses on preventing misuse of judicial authority to obtain financial or resource advantages.
What role does economic impact play in regulatory takings analysis?+
Courts evaluate the economic impact of a regulation on the claimant as one factor in determining whether a taking has occurred. Severe economic harm that interferes with investment-backed expectations can support a takings claim when combined with other considerations.
Why must courts consider economic circumstances when reviewing separation agreements?+
A court may refuse to enforce a separation agreement if it finds the terms unconscionable after examining the economic circumstances of the parties. This inquiry ensures that one spouse is not left without adequate resources following dissolution of the marriage.
410 U.S. 113 (1973)Constitutional Law
…the death knell for the doctrine of substantive due process, which had been applied to strike down state legislation concerning economic matters. In the 1960's and 1970's, however, the Court has given renewed life to the due process clause by using it to strike down state legislation in the areas of privacy and personal…