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Constitutional Property Law
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Book Synopsis The Guardian of Every Other Right by : James W. Ely
Download or read book The Guardian of Every Other Right written by James W. Ely and published by Oxford University Press on Demand. This book was released on 2008 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. The third edition has been completely revised and updated.
Book Synopsis Constitutional Property Clauses by : A. Van der Walt
Download or read book Constitutional Property Clauses written by A. Van der Walt and published by Springer. This book was released on 1999-12-09 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This new and unique work is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of eighteen chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions. The book will be of interest to private and public lawyers engaged in international trade and business practices, as well as to scholars of comparative (constitutional) law.
Book Synopsis Constitutional Property Law by : Andries Johannes Van der Walt
Download or read book Constitutional Property Law written by Andries Johannes Van der Walt and published by . This book was released on 2005 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successor to the 1997 publication : The constitutional property clause : a comparative analysis of section 25 of the South African Constitution of 1996.
Book Synopsis The Guardian of Every Other Right by : James W. Ely Jr.
Download or read book The Guardian of Every Other Right written by James W. Ely Jr. and published by Oxford University Press. This book was released on 2007-11-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.
Book Synopsis Property Law For Dummies by : Alan R. Romero
Download or read book Property Law For Dummies written by Alan R. Romero and published by John Wiley & Sons. This book was released on 2013-01-08 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools. Property Law For Dummies tracks to a typical property law course and introduces you to property law and theory, exploring different types of property interests—particularly "real property." In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations. Tracks to a typical property law course Plain-English explanations make it easier to grasp property law concepts Serves as excellent supplemental reading for anyone preparing for their state's Bar Exam The information in Property Law For Dummies benefits students enrolled in a property law course as well as non-students, landlords, small business owners, and government officials, who want to know more about the ins and outs property law.
Book Synopsis The Global Debate Over Constitutional Property by : Gregory S. Alexander
Download or read book The Global Debate Over Constitutional Property written by Gregory S. Alexander and published by ReadHowYouWant.com. This book was released on 2011-07-29 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security nec...
Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
Book Synopsis Constitutional Protection of Private Property and Freedom of Contract by : Richard A. Epstein
Download or read book Constitutional Protection of Private Property and Freedom of Contract written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.
Book Synopsis Property Rights and Social Justice by : Rachael Walsh
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Book Synopsis The Turning Point in Private Law by : Ugo Mattei
Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Book Synopsis Supreme Neglect by : Richard A. Epstein
Download or read book Supreme Neglect written by Richard A. Epstein and published by Oxford University Press. This book was released on 2008-03-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.
Book Synopsis Cato Handbook For Policymakers by : David Boaz
Download or read book Cato Handbook For Policymakers written by David Boaz and published by Cato Institute. This book was released on 2009-02-19 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its seventh edition, the Cato Handbook for Policymakers sets the standard in Washington for reducing the power of the federal government and expanding freedom. The 63 chapters—each beginning with a list of major policy recommendations—offer issue-by-issue blueprints for promoting individual liberty, free markets, and peace. Providing both in-depth analysis and concrete recommendations, Cato's Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty and limiting government.
Book Synopsis Understanding Property Law by : John G. Sprankling
Download or read book Understanding Property Law written by John G. Sprankling and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Property Law is a comprehensive and authoritative treatise from our Understanding series that is suitable for use in conjunction with any Property casebook. Features include: Complete coverage of all standard property topics, including landlord-tenant law, adverse possession, rights in personal property, estates and future interests, marital property, land sale transactions, servitudes, nuisance, zoning, takings, and other land use issues; Analysis of cutting-edge topics, such as property rights in human bodies, current takings issues, the new Restatement (Third) of Property (Servitudes), rights and duties of homeowners' associations, and property rights in personal names and likenesses; Discussion of the policy and historical underpinnings of property law doctrines; and Clear writing and detailed organization to facilitate student understanding of both basic concepts and controversial topics.
Book Synopsis Property and the Constitution by : Janet McLean
Download or read book Property and the Constitution written by Janet McLean and published by Hart Publishing. This book was released on 1999-08-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Liberty, Property, and the Future of Constitutional Development by : Ellen Frankel Paul
Download or read book Liberty, Property, and the Future of Constitutional Development written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1990-01-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930's, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the "double standard." The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.
Book Synopsis Private Property and the Constitution by : Bruce Ackerman
Download or read book Private Property and the Constitution written by Bruce Ackerman and published by Yale University Press. This book was released on 1977-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types---Scientific Policymaking and Ordinary Observing---and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis.He concludes by exploring the large implications of such a choice---relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
Book Synopsis Property Rights and the Constitution by : Dennis J. Coyle
Download or read book Property Rights and the Constitution written by Dennis J. Coyle and published by State University of New York Press. This book was released on 1993-07-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.
