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Just Compensation
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Book Synopsis Just Compensation by : Richard Lechthaler
Download or read book Just Compensation written by Richard Lechthaler and published by Shirespress. This book was released on 2020-12-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Lechthaler moved to Vermont in 1968 after a career in Manhattan. Over the years, he enjoyed hearing Vermont stories, embraced the idea of citizen government, and took part in whatever seasonal and community events he could. One story stuck with him, that of Vermont farmer Romaine Tenney, who refused to leave his land when it was confiscated for the building of I-91. In Just Compensation, Lechthaler has created a fictional character, Rayland Jensen, and the town of Towsley, to address the broader questions at the heart of Tenney's refusal - can a government ever truly compensate someone for the loss of his property, his livelihood, his place in the world. Simultaneously, the novel explores the question of progress - Is it inherently a good thing? Who gets to decide? In so doing, Lechthaler also reconstructs the stories of a vanished Vermont, one in which it was not unusual for hill farmers to milk by hand, for rural homes to not have electricity, and for communities to be more like families, facing change and difficulty, both close to home and far away, together. This novel will make you ache for that quieter time while realizing that it, too, could not have lasted forever as the planet and Vermont itself became more populated and more complex. For such is life ... but the life and lives of this fictional community remain something worth remembering and honoring.
Book Synopsis Who Gets What by : Kenneth R. Feinberg
Download or read book Who Gets What written by Kenneth R. Feinberg and published by PublicAffairs. This book was released on 2012-06-26 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Agent Orange, the 9/11 Victim Compensation Fund, the Virginia Tech massacre, the 2008 financial crisis, and the Deep Horizon gulf oil spill: each was a disaster in its own right. What they had in common was their aftermath -- each required compensation for lives lost, bodies maimed, livelihoods wrecked, economies and ecosystems upended. In each instance, an objective third party had to step up and dole out allocated funds: in each instance, Presidents, Attorneys General, and other public officials have asked Kenneth R. Feinberg to get the job done. In Who Gets What?, Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.
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 Taking Property and Just Compensation by : Nicholas Mercuro
Download or read book Taking Property and Just Compensation written by Nicholas Mercuro and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.
Book Synopsis Taking Property and Just Compensation by : Nicholas Mercuro
Download or read book Taking Property and Just Compensation written by Nicholas Mercuro and published by . This book was released on 1992-09-30 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.
Book Synopsis Determining 'Just Compensation' by : Jeffrey Evans Stake
Download or read book Determining 'Just Compensation' written by Jeffrey Evans Stake and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Constitution requires the government to pay just compensation for taking private property. Justice, in this context, will be achieved only if compensation meets two tests, a reality test and a perception test. The reality test asks whether is it more likely than not that the owner deprived of her property would be made whole by the amount of compensation provided. In determining this likelihood, economics, biology, and psychology ought all to be considered. These disciplines indicate that possession, duration of possession, and multiple occupancy call for compensation bonuses. The perception test asks whether it is more likely than not that the average person would think that the owner would be made whole by the amount of compensation provided. In determining this likelihood, surveys of lay persons should play a key role. Participants surveyed provide more compensation when owners are in possession, when possession lengthens, when there are multiple occupants, and when the land is taken for a project involving substantial private ownership. Participants surveyed did not, however, consider justice to require that owners be awarded full compensation for subjective losses or that compensation be increased proportionately when property appreciates in value.
Book Synopsis The Measure of Just Compensation by : Katrina Wyman
Download or read book The Measure of Just Compensation written by Katrina Wyman and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article is a response to a little-noticed aspect of the reaction to the U.S. Supreme Court's 2005 decision in Kelo v. City of New London: the renewed discussion that the case has prompted about how much compensation homeowners should be paid when governments take their houses. Since Kelo, there have been many proposals to increase the compensation that governments have to pay when they take property. These proposals are aimed at deterring governments from taking property in the first place and increasing the compensation that takees receive. In light of questions that three justices asked during the oral argument of Kelo about compensation for eminent domain, some observers have predicted that the Supreme Court might take a case about compensation for eminent domain. I argue that the current debate about compensation for eminent domain is being conducted within too narrow a framework because many of the existing proposals start from the same assumption about the appropriate measure of takings compensation. Many of these proposals, like current compensation law, assume that takings compensation ideally should leave takees subjectively indifferent to a taking. I critique the idea that takings compensation should aim to leave takees subjectively indifferent to a taking. I argue instead that we should aim to leave takees objectively indifferent to a taking. Furthermore, I sketch an objective compensation measure that contrasts with the subjective ideal that underlies existing takings compensation law and many of the current reform proposals.
Download or read book Just Compensation written by and published by . This book was released on 2002 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Farm in the Green Mountains by : Alice Herdan-Zuckmayer
Download or read book The Farm in the Green Mountains written by Alice Herdan-Zuckmayer and published by New York Review of Books. This book was released on 2017-05-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The charming, return-to-the-land memoir of a refugee family who flees Nazi Germany and finds their true home in the backwoods of rural Vermont Alice and Carl Zuckmayer lived at the center of Weimar-era Berlin. She was a former actor turned medical student, he was a playwright, and their circle of friends included Stefan Zweig, Alma Mahler, and Bertolt Brecht. But then the Nazis took over, and Carl’s most recent success—a play satirizing German militarism—impressed them in all the wrong ways. The couple and their two daughters were forced to flee, first to Austria, then to Switzerland, and finally to the United States. Los Angeles didn’t suit them, neither did New York, but a chance stroll in the Vermont woods led them to Backwoods Farm and the eighteenth-century farmhouse where they would spend the next five years. In Europe, the Zuckmayers were accustomed to servants; in Vermont, they found themselves building chicken coops, refereeing fights between fractious ducks, and caring for temperamental water pipes “like babies.” But in spite of the endless work and the brutal, depressing winters, Alice found that in America she had at last discovered her “native land.” This generous, surprising, and witty memoir, a best seller in postwar Germany, has all the charm of an unlikely romantic comedy.
Book Synopsis Just Compensation, Revised by : Henry J. Kaltenbach
Download or read book Just Compensation, Revised written by Henry J. Kaltenbach and published by . This book was released on 1964 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Just Compensation written by and published by . This book was released on 1974 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Property written by David Dana and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area.
Book Synopsis Who Gets what by : Kenneth R. Feinberg
Download or read book Who Gets what written by Kenneth R. Feinberg and published by Public Affairs. This book was released on 2012-06-26 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the factors that are considered when calculating the compensation paid to the victims of such tragedies as 9/11, the Virginia Tech massacre, and the Deep Horizon oil spill and the philosophical issues and practical problems involved in the decision.
Book Synopsis Reactive Power Compensation by : Wolfgang Hofmann
Download or read book Reactive Power Compensation written by Wolfgang Hofmann and published by John Wiley & Sons. This book was released on 2012-02-23 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The comprehensive resource on reactive power compensation, presenting the design, application and operation of reactive power equipment and installations The area of reactive power compensation is gaining increasing importance worldwide. If suitably designed, it is capable of improving voltage quality significantly, meaning that losses in equipment and power systems are reduced, the permissible loading of equipment can be increased, and the over-all stability of system operation improved. Ultimately, energy use and CO2 emisson are reduced. This unique guide discusses the effects of reactive power on generation, transmission and distribution, and looks at the compensation of existing installations in detail. It outlines methods for determination of reactive power and answers the questions that arise when controlling it, for example, at parallel operation with generators. There is also a chapter devoted to installation, maintenance and disturbances. Key features include: A concise overview as well as deep specific knowledge on the segment power factor regulation and network quality Theory of reactive power compensation coupled with typical application examples such as car manufacturing, metal rolling and chemical works Chapter summaries with charts explaining how to put the theory into practice Coverage on the cost-saving aspects of this technology, including the efficient use of energy and the reduction of CO2 A practical guide for electrical engineers and technicians in utilities, this is also essential reading for maintenance engineers, designers, electrical contractors, manufacturing companies, and researchers, also those in industry and planning agencies. Insightful and clear, the book will also appeal to senior undergraduate and graduate electrical engineering students and professors.
Book Synopsis Compensation Plans for Law Firms by : James D. Cotterman
Download or read book Compensation Plans for Law Firms written by James D. Cotterman and published by American Bar Association. This book was released on 2010 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly updated fifth edition of Compensation Plans for Law Firms examines the continually evolving compensation landscape and the concepts that will affect your law firm most. You'll take an extensive look at the world of law firm compensation, including: -- Compensation theory --The art and science of compensation -- Partner and shareholder compensation -- Of Counsel compensation -- Associate Compensation -- Paralegal compensation --Staff Compensation -- Bonuses, increases, and incentives -- Debt, taxes, retirement, and withdrawal -- Evaluations, fairness and flexibility --And much more! Learn Where Your Firm Stands The book also features valuable data from the leading legal consulting firm Altman Weil's annual and triennial surveys on law firm performance and compensation, retirement and withdrawal and compensation systems. Charts and graphs help you see where your firm stands on salaries and bonuses, and it gives you detailed analyses of compensation plans for everyone in your firm. Compare your compensation system to law firms across the country. This one volume provides you with your primary research source leading you to auxiliary sources for further information as appropriate. They can support your current compensation system, or help you reevaluate your current methods of compensation. Careful advance consideration is essential to the success of your compensation plan. Using this valuable reference you can develop a compensation plan that conveys fairness, simplicity, and flexibility and strike the perfect balance within your firm.
Book Synopsis The Economics of Eminent Domain by : Thomas J. Miceli
Download or read book The Economics of Eminent Domain written by Thomas J. Miceli and published by Now Publishers Inc. This book was released on 2007 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation presents an overview of the economics of eminent domain. Beginning with a brief review of the relevant case law for both physical acquisitions and for regulatory takings, the authors survey the economics literature examining eminent domain.
