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The Public Nature Of Private Property

Author: Michael Diamond
Publisher: Routledge
ISBN: 1317018559
Size: 36.37 MB
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What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

Nature S Trust

Author: Mary Christina Wood
Publisher: Cambridge University Press
ISBN: 0521195136
Size: 12.58 MB
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This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.

Private Property Community Development And Eminent Domain

Author: Professor Robin Paul Malloy
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496066
Size: 31.50 MB
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The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.

The Mysterious Science Of The Law

Author: Daniel J. Boorstin
Publisher: University of Chicago Press
ISBN: 9780226064987
Size: 38.22 MB
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Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime—Commentaries is at last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason.

Research Handbook On The Economics Of Property Law

Author: Kenneth Ayotte
Publisher: Edward Elgar Publishing
ISBN: 184980897X
Size: 70.43 MB
Format: PDF, Kindle
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Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature. Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.

On Private Property

Author: Eric T. Freyfogle
Publisher: Beacon Press
ISBN: 9780807044162
Size: 48.58 MB
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A fresh legal argument on what it means to own land, navigating issues of eminent domain, sprawl, and conservation Private property poses a great dilemma in American culture. We revere the institution and are quick to protect private-property rights, yet we are troubled when landowners cause harm to their neighbors and communities, especially when new development fuels sprawl and degrades the environment. Recent Supreme Court cases and new state laws around eminent domain have generated great controversy, and yet many people are unsure where they stand on this issue. In this wide-ranging inquiry, law professor Eric Freyfogle explores the inner workings of the familiar but poorly understood institution of private property. He identifies the three threats it currently faces: government mismanagement, the recently reinvigorated property rights movement, and conservation groups’ efforts to buy tracts of land in order to protect them. He then offers a solution in the middle ground between the extreme sides of these debates. In On Private Property, Freyfogle gives glimpses of landownership’s surprising past, revealing its complex links to liberty and ultimately showing why private property rights must remain consistent with a community’s overall good. In conclusion, Freyfogle constructs piece by piece a provocative new vision of landownership, at once respectful of private interests yet responsive to communal needs. “Freyfogle's new book, which probably should have been titled "Roll Over, John Locke," is just what the public debate over property rights needs. Straight talk, and an invitation to open a conversation about the real issues.” —Joseph L. Sax, author of Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures “A fresh perspective and penetrating legal and historical analysis of an issue that will continue to be in the forefront of land policy in the 21st century.” —Anthony Flint, Lincoln Institute of Land Policy, author of This Land: The Battle over Sprawl and the Future of America “In a work that eschews easy slogans, Eric Freyfogle proves the truth about American property rights—that original intent, early court opinions, and the realities of modern society all mandate that ownership brings with it weighty but reasonable responsibilities to the larger community. This beautifully-articulated book, at once bold and thoughtful, is bound to become a classic in American constitutional and property law.” —Charles Wilkinson, Distinguished University Professor and Moses Lasky Professor of Law at the University of Colorado and author of Crossing the Next Meridian: Land, Water, and the Future of the West

Land Reforms In India

Author: Pramod Kumar Agrawal
Publisher: M.D. Publications Pvt. Ltd.
ISBN: 9788185880099
Size: 72.30 MB
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The book 'Land Reforms in India : Constitutional and Legal Approach' is a landmark in the field of land reforms. It explores many new and important facts and principles of laws on the subject which are universally applicable. The author discovered a mathematical formula to concretize the concept of 'land reforms' and successfully applied it in his statistical study of implementation of land reforms in India with special reference to State of Uttar Pradesh. There is an imperative need to implement the land-laws in true spirit and with determination.

Fascism The Total Society

Author: H.R. Morgan
Publisher: Xlibris Corporation
ISBN: 1483686515
Size: 22.14 MB
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After years of research, American syndicalist author H. R. Morgan presents a collection of the key statements made by the early Fascist leaders and their best thinkers. Included are criticisms of and solutions to all of the problems troubling the world today. Both the causes of global misery and the reasons for their having happened are plainly mentioned. The solutions are simply stated and strait forward. If you want to know why things today are the way they are, read this book. Contained within its pages is a sweeping panorama of pertinent statements made by those 'realists' of the twentieth century, that is actually, from the 1880's on up to today. "Fascism is not racism," says Morgan, "Fascism is realism." It is a doctrine of realistic social and economic policies for todays world. It is neither 'right-wing' or 'left-wing'; it is the extreme radical center. It is "thinking outside of the box" as they say. The book begins with a very informative introduction containing a large amount of historical background. It is, however, preceded with a preface of equally historical and semi biographical importance. Afterward is the main text called the 'Codex'. The 'Codex' is a long anthology of excerpts, quotes, paraphrases, citations and commentary. The book ends with a final word by Morgan. Also included is a complete bibleography and index. It is recommended for first or second year political science majors and for all those who are interested in the true meaning of Fascism for our time, rather than what they've seen and heard on television and in the mass media.