Bell V Town Of Wells

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Law of Property Rights Protection, 2nd Edition

Author : Laitos
Publisher : Wolters Kluwer
ISBN 13 : 1543802362
Total Pages : 1344 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Law of Property Rights Protection, 2nd Edition by : Laitos

Download or read book Law of Property Rights Protection, 2nd Edition written by Laitos and published by Wolters Kluwer. This book was released on 2018-11-14 with total page 1344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522

Aspen Treatise for Property

Author : Joseph William Singer
Publisher : Aspen Publishing
ISBN 13 : 1543839266
Total Pages : 1309 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Aspen Treatise for Property by : Joseph William Singer

Download or read book Aspen Treatise for Property written by Joseph William Singer and published by Aspen Publishing. This book was released on 2022-04-19 with total page 1309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Treatise – Thoroughly Updated and Revised This overview of property law addresses both classic and contemporary topics covered in the first-year property course in a clear, accessible format. The book offers clear explanations of property law through textual treatment, with numerous examples, analytical discussion of key cases, and issues followed by hypotheticals. The book places emphasis on disagreements among states about the applicable rules of property law, with explanations of the conflicting issues With extraordinary clarity and insight, Joseph William Singer has written a comprehensive overview of the rules and doctrine of property law. The numerous examples and hypotheticals in Property, Sixth Editioncontribute to a rich pedagogy that illuminates both classic and contemporary topics. For the Sixth Edition, Professor Singer has been joined by Professor Nestor M. Davidson, and the authors have thoroughly updated and revised the treatise to reflect recent developments. Among the Changes New to the Sixth Edition: Recent developments in the law of public accommodations and fair housing on protections against discrimination on the basis of sex, sexual orientation, and gender identity, as well as updates to federal regulatory guidance on fair housing law. Important recent Supreme Court cases on regulatory takings, including Murr v. Wisconsin, on determining the relevant parcel; Knick v. Township of Scott, on the ability to file in federal court without exhausting state-court litigation; and Cedar Point Nursery v. Hassid, on the standard for claims of physical invasion. The challenge of “heirs property” to the loss of Black farmland and the rapid proliferation of the Uniform Partition of Heirs Property Act. Cases testing the limits of lease obligations and the boundaries of regulatory takings with the public-health response to the Covid-19 pandemic. Professors and students will benefit from: Clear explanations of legal doctrine based on research to make sure the rules are up-to-date Attention to both federal and state statutes that regulate property use and transfer Generous use of hypotheticals that illustrate the application of rules and doctrine Analysis of “hard cases” with short summaries of the strongest arguments on both sides of the issue Attention to differences among the states and the reasons why states adopt different rules

New Ground

Author : John R. Nolon
Publisher : Environmental Law Institute
ISBN 13 : 9781585760480
Total Pages : 454 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis New Ground by : John R. Nolon

Download or read book New Ground written by John R. Nolon and published by Environmental Law Institute. This book was released on 2003 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Ground: The Advent of Local Environmental Law presents a collection of papers examining local environmental law and its strategic role in shaping an appropriate response to a new generation of environmental and land use challenges. Contributors are distinguished scholars and practitioners who have written casebooks and articles on land use and environmental law, served in federal, state, and local administrations or national bar and planning association committees, or prepared national treatises on the subject.

Property Law

Author : Bethany R. Berger
Publisher : Aspen Publishing
ISBN 13 : 1543838545
Total Pages : 1781 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Property Law by : Bethany R. Berger

Download or read book Property Law written by Bethany R. Berger and published by Aspen Publishing. This book was released on 2021-11-01 with total page 1781 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. This hugely successful materials-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its plain-language descriptions of legal doctrine; explanations of the social ramifications of our system of property law; emphasis on statutory and regulatory interpretation; comprehensive treatment of public accommodations and fair housing law, tribal property issues, and property in human bodies; and use of the problem method to teach legal reasoning and lawyering skills. Streamlined for more accessible teaching, the Eighth Edition has been thoroughly updated to reflect significant changes in the law of property, including in responses to the Covid-19 pandemic, in intellectual property, housing discrimination, regulatory takings, and more. Key Features: Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes Streamlined to assist in making teaching from the casebook more accessible, without sacrificing coverage and depth New materials and problems have been added in an array of areas, including: The importance of race and slavery in shaping property law and distribution The impact of the Covid-19 pandemic on several core areas of property law Growing questions about the balance between public accommodations and religious liberty, including Masterpiece Cakeshop, Inc. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018) and its aftermath Emerging caselaw on the rights of people experiencing homelessness; Shifts in property rights emerging from marriage and non-marital intimate relationships; New materials on the law and practice of trusts and the impact of reproductive technologies Recent developments in tribal sovereignty disputes, including McGirt v. Oklahoma, 140 S. Ct. 2452 (2020) Developments in intellectual property, including in copyright and fair use Shifts in fair housing law, including developments involving landlord responsibility for tenant-to-tenant discriminatory harassment Recent Supreme Court developments in the realm of regulatory takings, including Murr v. Wisconsin, 137 S.Ct. 1933 (2017), Knick v. Township of Scott, 139 S. Ct. 2162 (2019); and Cedar Point Nursery v. Hassid (to be decided by the end of this Term) Professors and students will benefit from: Clear, concise, accessible coverage of core property doctrines, through caselaw, statutes, and regulatory materials Fully updated engagement with contemporary controversies in our system of property; and Excellent opportunities for problem- and exercise-based learning in every section

Marine and Coastal Law

Author : Dennis W. Nixon
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 874 pages
Book Rating : 4.2/5 (161 download)

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Book Synopsis Marine and Coastal Law by : Dennis W. Nixon

Download or read book Marine and Coastal Law written by Dennis W. Nixon and published by Bloomsbury Publishing USA. This book was released on 2022-03-29 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extensively updated third edition of the classic casebook Marine and Coastal Law provides readers with an authoritative, comprehensive, and up-to-date guide to landmark laws, regulations, and legal decisions governing the United States' vast marine and coastal resources. This thoroughly revised and updated third edition of the prestigious Marine and Coastal Law casebook provides an essential overview of landmark legal decisions and statutory provisions in U.S. marine and coastal law, with a particular emphasis on regulatory changes and legal conflicts involving climate change, coastal resilience/protection, and sea level rise. In addition to a thorough updating of the contents of the second edition (including editorial commentary on every case), this new revised edition features extensive new content, including two entirely new chapters and new "learning objectives" for each chapter. Produced by five experts in U.S. marine law, this third edition stands as an accessible and invaluable resource for both lay readers and legal professionals who are seeking greater understanding of the ever-evolving and frequently contentious laws and regulations governing U.S. and international fisheries, maritime shipping and transport, offshore oil and mineral resources, climate change mitigation strategies, coastal protection, marine pollution, and port and harbor operations.

Modern Studies in Property Law - Volume 1

Author : Elizabeth Cooke
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313124
Total Pages : 422 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Modern Studies in Property Law - Volume 1 by : Elizabeth Cooke

Download or read book Modern Studies in Property Law - Volume 1 written by Elizabeth Cooke and published by Bloomsbury Publishing. This book was released on 2001-03-12 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises a collection of papers given at the third biennial conference of the Centre for Property Law at the University of Reading held in March 2000,and is the first in the series 'Modern Studies in Property Law'. The Reading conference is becoming well-known as a unique opportunity for property lawyers to meet and confer both formally and informally; this volume marks a new development, being a refereed and revised selection of the papers given there. Speakers from around the world focus on issues of immediate importance ranging from human rights to electronic conveyancing, as well as timeless but ever-relevant subjects such as trusts, mortgages and the numerus clausus of property rights. As ever, a range of international topics are discussed, this time including land registration in the Nordic countries, and the re-privatisation of land in Eastern Europe.

The Maine State Constitution

Author : Marshall J. Tinkle
Publisher : Oxford University Press on Demand
ISBN 13 : 0199860572
Total Pages : 236 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Maine State Constitution by : Marshall J. Tinkle

Download or read book The Maine State Constitution written by Marshall J. Tinkle and published by Oxford University Press on Demand. This book was released on 2013-04-11 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Maine State Constitution traces the history of Maine's constitution from its statehood in 1820 to the present day, highlighting major trends and developments in constitutional revision and interpretation. In it, Marshall J. Tinkle summarizes the meaning of each constitutional provision in a section-by-section analysis of the constitution, outlining the intent, historical development, and interpretation of each provision. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Maine's constitution. In this second edition, Marshall Tinkle updates his study of the Maine Constitution as part of The Oxford Commentaries on the State Constitutions of the United States. This volume updates the history and development of constitutionalism in Maine, including the complete text of the state's current constitution, with each section accompanied with commentary that explains the provision and traces its origins and its interpretation by the courts and by other governmental bodies. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Old Faithful Protection Act of 1991

Author : United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Public Lands, National Parks, and Forests
Publisher :
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Old Faithful Protection Act of 1991 by : United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Public Lands, National Parks, and Forests

Download or read book Old Faithful Protection Act of 1991 written by United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Public Lands, National Parks, and Forests and published by . This book was released on 1992 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reports of Cases Decided in the Court of Appeals of the State of New York

Author : New York (State). Court of Appeals
Publisher :
ISBN 13 :
Total Pages : 798 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Reports of Cases Decided in the Court of Appeals of the State of New York by : New York (State). Court of Appeals

Download or read book Reports of Cases Decided in the Court of Appeals of the State of New York written by New York (State). Court of Appeals and published by . This book was released on 1893 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ecosystem Concepts for Sustainable Bivalve Mariculture

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309152313
Total Pages : 191 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Ecosystem Concepts for Sustainable Bivalve Mariculture by : National Research Council

Download or read book Ecosystem Concepts for Sustainable Bivalve Mariculture written by National Research Council and published by National Academies Press. This book was released on 2010-03-18 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. mariculture production of bivalve molluscs-those cultivated in the marine environment-has roughly doubled over the last 25 years. Although mariculture operations may expand the production of seafood without additional exploitation of wild populations, they still depend upon and affect natural ecosystems and ecosystem services. Every additional animal has an incremental effect arising from food extraction and waste excretion. Increasing domestic seafood production in the United States in an environmentally and socially responsible way will likely require the use of policy tools, such as best management practices (BMPs) and performance standards. BMPs represent one approach to protecting against undesirable consequences of mariculture. An alternative approach to voluntary or mandatory BMPs is the establishment of performance standards for mariculture. Variability in environmental conditions makes it difficult to develop BMPs that are sufficiently flexible and adaptable to protect ecosystem integrity across a broad range of locations and conditions. An alternative that measures performance in sustaining key indicators of ecosystem state and function may be more effective. Because BMPs address mariculture methods rather than monitoring actual ecosystem responses, they do not guarantee that detrimental ecosystem impacts will be controlled or that unacceptable impact will be avoided. Ecosystem Concepts for Sustainable Bivalve Mariculture finds that while performance standards can be applied for some broad ecosystem indicators, BMPs may be more appropriate for addressing parameters that change from site to site, such as the species being cultured, different culture methods, and various environmental conditions. This book takes an in-depth look at the environmental, social, and economic issues to present recommendations for sustainable bivalve mariculture.

Navigational Servitudes

Author : Ralph J. Gillis
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004161554
Total Pages : 429 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Navigational Servitudes by : Ralph J. Gillis

Download or read book Navigational Servitudes written by Ralph J. Gillis and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a new perspective on the role of States as reciprocal trustees for the Oceans Public Trust. The concept of the oceans and navigable waters as held in public trust is examined from its origins in the 17th century North Sea fisheries controversy with particular regard to the arguments by Selden and Grotius pertaining to State jurisdiction over oceans and marginal sea areas. Those arguments manifest an underlying common principle of navigational freedom reflected in the parallel public trust development of public rights to fishing and navigation as protected and preserved within the Royal Prerogative "jus publicum," The significance for the modern context is that the 1958 Geneva Conventions on the Law of the Sea, the 1982 United Nations Convention on the Law of the Sea and a myriad of other conventions now evidence an unstated but patent public trust in the communal responsibility of States within both the conventional and customary regime of the high seas, as well as in regimes for territorial seas and marginal sea areas as shared with extended coastal State jurisdictions. This book is intended to serve as a reference work for this somewhat arcane source of the Oceans Public Trust, and should prove a useful research source for those who study law of the sea.

The New York State Reporter

Author :
Publisher :
ISBN 13 :
Total Pages : 1034 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The New York State Reporter by :

Download or read book The New York State Reporter written by and published by . This book was released on 1896 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Containing all the current decisions of the courts of record of New York State, namely: Court of Appeals, Supreme Court, New York Superior Court, New York Common Pleas, Superior Court of Buffalo, City Court of New York, City Court of Brooklyn, and the Surrogates' Courts" (varies slightly).

Natural Resources Law

Author : CHRISTINE A. KLEIN
Publisher : Aspen Publishing
ISBN 13 : 1543838901
Total Pages : 988 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Natural Resources Law by : CHRISTINE A. KLEIN

Download or read book Natural Resources Law written by CHRISTINE A. KLEIN and published by Aspen Publishing. This book was released on 2022-09-14 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Natural Resources Law, Fifth Edition, continues to emphasize the importance of place through a visually rich text that invites students to consider the passion behind natural resources disputes. Chapters open with a map marking the geographic location of each case and all judicial opinions begin with a context-setting, place-based narrative and photograph. This teachable book groups readings into discrete, assignment-sized chunks and accommodates a wide range of pedagogical approaches. For those who want to focus on cross-cutting themes and policy, each chapter includes thought-provoking article excerpts concludes with a discussion problem that applies the chapter's cases to a contemporary policy issue or dispute. For those who want to get into the nitty-gritty details of the law, each chapter presents statutory and regulatory excerpts in standalone, easily referenced sections, rather than scattered throughout the text. New to the Fifth Edition: New/updated discussion problems, including: access to nature and urban conservation; Dakota Access Pipeline; expanding tribal management of resources; mitigation under Clean Water Act; and climate change and rising seas New cases, including: Wyoming v. DOI; WildEarth Guardians v. Zinke; Center for Biological Diversity v. EPA; Alliance for the Wild Rockies v. U.S. Forest Service; Wetlands America v. White Cloud Nine Ventures; Edwards Aquifer v. Bragg; Butte Environmental Council v. U.S. Army Corps of Engineers New/expanded discussion: Wildfire and state/private forestry regulation Negative impacts on Native Americans of the historical settlement of the public domain and the preservation movement Renewable energy infrastructure on public lands Overlooked and growing relevance of CWA section 404 on streams and wetlands Efforts to recognize "rights of nature" Importance of access to nature; role of urban parks ESA critical habitat; agency policy documents implementing the ESA Water transfers, groundwater regulation, and reserved rights Snowmobile use in Yellowstone National Park; continuing challenges to the Antiquities Act and presidentially designated national monuments Revised chapter on energy and federal lands by national expert Alexandra Klass, including debates over the use of federal lands for continued fossil fuel development and siting of renewable energy infrastructure on public lands Professors and students will benefit from: Place-based approach--conveys passion and drama fueling resource disputes and policy and brings to life judicial analysis and statutory interpretation Broad national coverage--includes both traditional public lands issues and broader natural resource topics of interest to both eastern and western students Factually rich discussion problem at end of each chapter--based on a contemporary dispute or policy issue

Modern Studies in Property Law

Author : University of Reading. Centre for Property Law. Conference
Publisher : Hart Publishing
ISBN 13 : 1841131253
Total Pages : 421 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Modern Studies in Property Law by : University of Reading. Centre for Property Law. Conference

Download or read book Modern Studies in Property Law written by University of Reading. Centre for Property Law. Conference and published by Hart Publishing. This book was released on 2001 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Atlantic Reporter

Author :
Publisher :
ISBN 13 :
Total Pages : 1138 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Atlantic Reporter by :

Download or read book Atlantic Reporter written by and published by . This book was released on 1891 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Planning Law

Author : Norman Williams
Publisher :
ISBN 13 :
Total Pages : 976 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis American Planning Law by : Norman Williams

Download or read book American Planning Law written by Norman Williams and published by . This book was released on 1974 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Maine Politics and Government

Author : Kenneth T. Palmer
Publisher : U of Nebraska Press
ISBN 13 : 0803226470
Total Pages : 308 pages
Book Rating : 4.8/5 (32 download)

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Book Synopsis Maine Politics and Government by : Kenneth T. Palmer

Download or read book Maine Politics and Government written by Kenneth T. Palmer and published by U of Nebraska Press. This book was released on 2009 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remote and thinly populated, Maine was long insulated from many of the demographic and economic trends of states to the south. Maine Politics and Government traces recent changes in the state's system as agriculture, manufacturing, and maritime trades have ceded dominance to high-tech businesses, extensive commercial development, and an expanding governmental sector.