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Author : Texas
Publisher :
ISBN 13 :
Total Pages : 588 pages
Book Rating : 4.F/5 ( download)
Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Shelly Hiller Marguerat
Publisher : Springer
ISBN 13 : 3319979000
Total Pages : 485 pages
Book Rating : 4.3/5 (199 download)
Download or read book Private Property Rights and the Environment written by Shelly Hiller Marguerat and published by Springer. This book was released on 2018-11-11 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of “nature” as “property” and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.
Author : Gregory K. Ingram
Publisher : Lincoln Inst of Land Policy
ISBN 13 : 9781558441880
Total Pages : 483 pages
Book Rating : 4.4/5 (418 download)
Download or read book Property Rights and Land Policies written by Gregory K. Ingram and published by Lincoln Inst of Land Policy. This book was released on 2009 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anneke Smit
Publisher : UBC Press
ISBN 13 : 0774829346
Total Pages : 335 pages
Book Rating : 4.7/5 (748 download)
Download or read book Public Interest, Private Property written by Anneke Smit and published by UBC Press. This book was released on 2015-12-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.
Author : Timothy Sandefur
Publisher : Cato Institute
ISBN 13 : 1933995327
Total Pages : 170 pages
Book Rating : 4.9/5 (339 download)
Download or read book Cornerstone of Liberty written by Timothy Sandefur and published by Cato Institute. This book was released on 2006-10-25 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”
Author : Ugo Mattei
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : 262 pages
Book Rating : 4.7/5 (864 download)
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 262 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.
Author : Ellen Frankel Paul
Publisher : Routledge
ISBN 13 : 1351496263
Total Pages : 240 pages
Book Rating : 4.3/5 (514 download)
Download or read book Property Rights and Eminent Domain written by Ellen Frankel Paul and published by Routledge. This book was released on 2017-09-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University
Author : Bernard H. Siegan
Publisher : Transaction Publishers
ISBN 13 : 1412822114
Total Pages : 437 pages
Book Rating : 4.4/5 (128 download)
Download or read book Economic Liberties and the Constitution written by Bernard H. Siegan and published by Transaction Publishers. This book was released on 2011-12-31 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare—most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason—the necessity—for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.
Author : Jordan Gans-Morse
Publisher : Cambridge University Press
ISBN 13 : 1107153964
Total Pages : 311 pages
Book Rating : 4.1/5 (71 download)
Download or read book Property Rights in Post-Soviet Russia written by Jordan Gans-Morse and published by Cambridge University Press. This book was released on 2017-05-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how top-down efforts to strengthen property rights are unlikely to succeed without demand for law from private firms.
Author : Michael Albertus
Publisher : Cambridge University Press
ISBN 13 : 1108835236
Total Pages : 417 pages
Book Rating : 4.1/5 (88 download)
Download or read book Property Without Rights written by Michael Albertus and published by Cambridge University Press. This book was released on 2021-01-07 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new understanding of the causes and consequences of incomplete property rights in countries across the world.
Author : Cato Institute
Publisher : Cato Institute
ISBN 13 : 1933995912
Total Pages : 698 pages
Book Rating : 4.9/5 (339 download)
Download or read book Cato Handbook for Policymakers written by Cato Institute and published by Cato Institute. This book was released on 2008 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.
Author : Richard A. Epstein
Publisher : Oxford University Press
ISBN 13 : 0195304608
Total Pages : 207 pages
Book Rating : 4.1/5 (953 download)
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 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses property rights according the the United States Constitution, and describes the history of the law, and covers real estate, water rights, intellectual properties, and more, and includes details from the "Kelo v. New London" trial from 2005.
Author : Terry L. Anderson
Publisher : Princeton University Press
ISBN 13 : 9780691099989
Total Pages : 412 pages
Book Rating : 4.0/5 (999 download)
Download or read book Property Rights written by Terry L. Anderson and published by Princeton University Press. This book was released on 2003 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).
Author : Bernard Siegan
Publisher : Routledge
ISBN 13 : 1351325949
Total Pages : 520 pages
Book Rating : 4.3/5 (513 download)
Download or read book Property Rights written by Bernard Siegan and published by Routledge. This book was released on 2018-04-24 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 1108418546
Total Pages : 343 pages
Book Rating : 4.1/5 (84 download)
Download or read book A Liberal Theory of Property written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2021-04-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Author : Susan K. Sell
Publisher : Cambridge University Press
ISBN 13 : 9780521525398
Total Pages : 244 pages
Book Rating : 4.5/5 (253 download)
Download or read book Private Power, Public Law written by Susan K. Sell and published by Cambridge University Press. This book was released on 2003 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Author : Janet McLean
Publisher : Hart Publishing
ISBN 13 : 1841130559
Total Pages : 297 pages
Book Rating : 4.8/5 (411 download)
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
