Eastern Enterpises V Apfel 1998

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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

The Safeguard of Liberty and Property

Author : Guy F. Burnett
Publisher : Lexington Books
ISBN 13 : 0739197843
Total Pages : 177 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis The Safeguard of Liberty and Property by : Guy F. Burnett

Download or read book The Safeguard of Liberty and Property written by Guy F. Burnett and published by Lexington Books. This book was released on 2014-12-11 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.

Federal Register

Author :
Publisher :
ISBN 13 :
Total Pages : 1072 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Federal Register by :

Download or read book Federal Register written by and published by . This book was released on 2000-12-20 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Private Property Rights Implementation Act of 1998

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 64 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis The Private Property Rights Implementation Act of 1998 by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Private Property Rights Implementation Act of 1998 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1998 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cato Supreme Court Review 2004-2005

Author : Mark K. Moller
Publisher : Cato Institute
ISBN 13 : 9781930865808
Total Pages : 380 pages
Book Rating : 4.8/5 (658 download)

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Book Synopsis Cato Supreme Court Review 2004-2005 by : Mark K. Moller

Download or read book Cato Supreme Court Review 2004-2005 written by Mark K. Moller and published by Cato Institute. This book was released on 2005 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. A timely review of the Court's recent decisions.

Encyclopedia of American Civil Liberties

Author : Paul Finkelman
Publisher : Routledge
ISBN 13 : 113594704X
Total Pages : 2076 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Encyclopedia of American Civil Liberties by : Paul Finkelman

Download or read book Encyclopedia of American Civil Liberties written by Paul Finkelman and published by Routledge. This book was released on 2013-11-07 with total page 2076 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.

The Supreme Court versus Congress

Author : William B. Glidden
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 314 pages
Book Rating : 4.2/5 (161 download)

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Book Synopsis The Supreme Court versus Congress by : William B. Glidden

Download or read book The Supreme Court versus Congress written by William B. Glidden and published by Bloomsbury Publishing USA. This book was released on 2015-03-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.

Environmental Law Handbook

Author : Daniel M. Steinway
Publisher : Government Institutes
ISBN 13 : 1605902667
Total Pages : 996 pages
Book Rating : 4.6/5 (59 download)

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Book Synopsis Environmental Law Handbook by : Daniel M. Steinway

Download or read book Environmental Law Handbook written by Daniel M. Steinway and published by Government Institutes. This book was released on 2009-10-15 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Twentieth Edition references all regulatory changes made in the last two years and provides legal insight into understanding the requirements of the environmental laws. It examines all of the issues and changes that have arisen since the publication of the last edition.

Governing under Stress

Author : Marjorie Griffin Cohen
Publisher : Zed Books Ltd.
ISBN 13 : 1848136951
Total Pages : 243 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis Governing under Stress by : Marjorie Griffin Cohen

Download or read book Governing under Stress written by Marjorie Griffin Cohen and published by Zed Books Ltd.. This book was released on 2013-07-04 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the first work to emerge from a major international comparative research project exploring the political economy of globalization. This inter-disciplinary team of scholars is focusing on the semi-periphery of world power. Whether defined in social, cultural, economic or simply spatial terms, 'semi-peripheral' countries share two qualities: they are conscious of their subordination to the hegemonic powers at the centre of the global system - the United States and the European Union; they are also strong enough to have some ability to resist their domination. The structural position of these middle powers in global capitalism is unlike those countries at the centre that do not experience domination, and different from those Third World countries on the periphery that have no means to achieve more cultural and political autonomy, more distinctive and diversified development, or greater social equity and better income redistribution. Four countries in North America, Central America, Europe and the Antipodes - namely Canada, Mexico, Norway and Australia - have been selected in order to explore the complexities of globalization from the perspective of the semi-periphery. Opening chapters examine the international institutions, including the North America Free Trade Agreement, the World Trade Organization and the European Union, which now amount to a quasi-constitutional conditioning framework for middle powers under globalization. In the second part, contributors detail the pressures with which these countries have to cope and consider their ability to pursue policies appropriate to the needs and democratically defined goals of each. And in the concluding part, after discussing the new economic, political and social issues of 'governing under stress', they appraise the possibilities for middle powers to chart distinctive national courses in the face of globalization's constraining challenge.

Fiscal Challenges

Author : Elizabeth Garrett
Publisher : Cambridge University Press
ISBN 13 : 1139468448
Total Pages : 451 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Fiscal Challenges by : Elizabeth Garrett

Download or read book Fiscal Challenges written by Elizabeth Garrett and published by Cambridge University Press. This book was released on 2008-01-07 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fiscal Challenges: An Interdisciplinary Approach to Budget Policy brings together leading experts from a range of disciplines to explore the problems of budget policy. The authors, including top economists, political scientists, historians, psychologists, and legal scholars, together provide a unique, multidisciplinary introduction to the subject. In addition to in-depth analysis of congressional budget procedures and the economics of federal deficits and debt, Fiscal Challenges explores important recent developments in budget policy at the state level and in the European Union. The goal of the volume is to offer readers wide-ranging perspectives on the many different academic disciplines and perspectives that bear on the evaluation of budgetary procedures and their reform.

Copy Fights

Author : Adam D. Thierer
Publisher : Cato Institute
ISBN 13 : 1933995785
Total Pages : 335 pages
Book Rating : 4.9/5 (339 download)

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Book Synopsis Copy Fights by : Adam D. Thierer

Download or read book Copy Fights written by Adam D. Thierer and published by Cato Institute. This book was released on 2002-08-25 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet has often been labeled a disruptive technology, and nowhere has that been more clearly the case than in the field of intellectual property (IP) law. Although debates over IP policy have raged in academic circles and law and economics journals for decades, with the rise of the Internet, IP issues have captured the public's collective attention like never before. Suddenly, the teenage creator of file-swapping sensation Napster appeared on the cover of Time magazine as the mass media took notice of an explosion of interest in digital downloads, CD burning, and widespread peer-to-peer file sharing among the general public. But the mass movement to share songs and other digital content online was met with a firestorm of criticism from copyright and patent holders, who struck back with a vengeance, filing lawsuits and pursuing legislative and regulatory remedies for what they regarded as intellectual property piracy on a scale never before envisioned. This debate has sparked a newfound interest in timeless questions about the nature of intellectual property and how it should be protected, including why do we protect intellectual property at all; do we really have "property rights" in our intangible creations the same way we have property rights to our homes and our land; aren't there better ways to encourage artistic creation and scientific discovery than through the use of copyright and patent laws that protect a limited monopoly? Copy Fights presents a thought-provoking exploration of these questions.

The Heritage Guide to the Constitution

Author : David F. Forte
Publisher : Simon and Schuster
ISBN 13 : 1621573524
Total Pages : 644 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Heritage Guide to the Constitution by : David F. Forte

Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

Limits of Constraint

Author : James B. Staab
Publisher : University Press of Kansas
ISBN 13 : 0700633308
Total Pages : 464 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Limits of Constraint by : James B. Staab

Download or read book Limits of Constraint written by James B. Staab and published by University Press of Kansas. This book was released on 2022-08-19 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adherents of originalism often present it as a theory that constrains legal decision-making in a clear and objective manner that is based on the text and original meaning of the Constitution, in contrast to the supposedly subjective and “activist” jurisprudence of those who promote a living Constitution. But originalists have not had the same views on constitutional issues, calling into question the theory of originalism. Limits of Constraint examines the originalist jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas, showing that three of the Court’s originalists have arrived at different conclusions in many constitutional areas. While the starkest contrast is between Justice Black and Justices Scalia and Thomas, even the latter two justices have disagreed on several key issues, including executive power and the administrative state. James Staab shows that originalism in actual practice does not deliver on its promise of an objective jurisprudence free of personal philosophy and discretion. Rather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas. If the analysis of this book is correct—that is, the results reached by Justices Black, Scalia, and Thomas are divergent across a wide array of constitutional areas—then originalism promises more than it can deliver. One of the fundamental claims made by originalists is that their theory of constitutional interpretation limits judicial discretion, but originalism does not constrain judicial behavior as much as its defenders claim.

The Encyclopedia of Civil Liberties in America

Author : David Schultz
Publisher : Routledge
ISBN 13 : 1317457137
Total Pages : 1234 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis The Encyclopedia of Civil Liberties in America by : David Schultz

Download or read book The Encyclopedia of Civil Liberties in America written by David Schultz and published by Routledge. This book was released on 2015-04-10 with total page 1234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.

The Army Lawyer

Author :
Publisher :
ISBN 13 :
Total Pages : 870 pages
Book Rating : 4.U/5 (183 download)

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Book Synopsis The Army Lawyer by :

Download or read book The Army Lawyer written by and published by . This book was released on 1999 with total page 870 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Business Persons

Author : Eric W. Orts
Publisher : OUP Oxford
ISBN 13 : 0191650102
Total Pages : 328 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Business Persons by : Eric W. Orts

Download or read book Business Persons written by Eric W. Orts and published by OUP Oxford. This book was released on 2013-08-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business firms are ubiquitous in modern society, but an appreciation of how they are formed and for what purposes requires an understanding of their legal foundations. This book provides a scholarly and yet accessible introduction to the legal framework of modern business enterprises. It explains the legal ideas that allow for the recognition of firms as organizational "persons" having social rights and responsibilities. Other foundational ideas include an overview of how the laws of agency, contracts, and property fit together to compose the organized "persons" known as business firms. The institutional legal theory of the firm developed embraces both a "bottom-up" perspective of business participants and a "top-down" rule-setting perspective of government. Other chapters in the book discuss the features of limited liability and the boundaries of firms. A typology of different kinds of firms is presented ranging from entrepreneurial one-person start-ups to complex corporations, as well as new forms of hybrid social enterprises. Practical applications include contribution to the debates surrounding corporate executive compensation and political free-speech rights of corporations.

The Oxford Handbook of Political Economy

Author : Barry R. Weingast
Publisher : Oxford University Press
ISBN 13 : 0191563404
Total Pages : pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Oxford Handbook of Political Economy by : Barry R. Weingast

Download or read book The Oxford Handbook of Political Economy written by Barry R. Weingast and published by Oxford University Press. This book was released on 2008-06-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Over its long lifetime, "political economy" has had many different meanings: the science of managing the resources of a nation so as to provide wealth to its inhabitants for Adam Smith; the study of how the ownership of the means of production influenced historical processes for Marx; the study of the inter-relationship between economics and politics for some twentieth-century commentators; and for others, a methodology emphasizing individual rationality (the economic or "public choice" approach) or institutional adaptation (the sociological version). This Handbook views political economy as a grand (if imperfect) synthesis of these various strands, treating political economy as the methodology of economics applied to the analysis of political behavior and institutions. This Handbook surveys the field of political economy, with 58 chapters ranging from micro to macro, national to international, institutional to behavioral, methodological to substantive. Chapters on social choice, constitutional theory, and public economics are set alongside ones on voters, parties and pressure groups, macroeconomics and politics, capitalism and democracy, and international political economy and international conflict.