The Right To Own Property

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American Property

Author : Stuart Banner
Publisher : Harvard University Press
ISBN 13 : 0674060822
Total Pages : 375 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis American Property by : Stuart Banner

Download or read book American Property written by Stuart Banner and published by Harvard University Press. This book was released on 2011-07-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation’s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property? The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law? Accessible and mercifully free of legal jargon, American Property reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires. Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.

The End of Ownership

Author : Aaron Perzanowski
Publisher : MIT Press
ISBN 13 : 0262535246
Total Pages : 262 pages
Book Rating : 4.2/5 (625 download)

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Book Synopsis The End of Ownership by : Aaron Perzanowski

Download or read book The End of Ownership written by Aaron Perzanowski and published by MIT Press. This book was released on 2018-03-16 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.

Cato Handbook for Policymakers

Author : Cato Institute
Publisher : Cato Institute
ISBN 13 : 1933995912
Total Pages : 698 pages
Book Rating : 4.9/5 (339 download)

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Book Synopsis Cato Handbook for Policymakers by : Cato Institute

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.

Property and Freedom

Author : Richard Pipes
Publisher : Vintage
ISBN 13 : 0307427358
Total Pages : 346 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Property and Freedom by : Richard Pipes

Download or read book Property and Freedom written by Richard Pipes and published by Vintage. This book was released on 2007-12-18 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.

Property Rights and the Constitution

Author : Dennis J. Coyle
Publisher : State University of New York Press
ISBN 13 : 1438400004
Total Pages : 406 pages
Book Rating : 4.4/5 (384 download)

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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.

Property and the Constitution

Author : Janet McLean
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313078
Total Pages : 296 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Property and the Constitution by : Janet McLean

Download or read book Property and the Constitution written by Janet McLean and published by Bloomsbury Publishing. This book was released on 1999-07-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this set of essays,public lawyers, property lawyers and legal philosophers examine the public dimensions of private property. At a time when governments across the globe are privatising formerly public property, the public forum is being replaced by the privately owned shopping mall, and an increasing range of interests are being described as 'property', an examination of the powers which attach to ownership becomes all the more pressing. The contributors consider whether property is a human right, its role in making responsible citizens, its relationship to freedom of speech and other values, the proper scope of constitutional protections of private property, impediments to the redistribution of property, and attempts to redress historical wrongs by property settlements to indigenous people. Taking a richly comparative perspective, examples have been drawn from jurisdictions as diverse as the United Kingdom, South Africa, Germany, the United States, and New Zealand. Contributors: Janet McLean (ed), Kevin Gray, Susan Francis Gray, Geoffrey Samuel, J W Harris, Gregory Alexander, Andre van der Walt, Tom Allen, Jeremy Waldron, Maurice Goldsmith, Alex Frame, John Dawson, Michael Robertson.

Law of Property Rights Protection

Author : Jan Laitos
Publisher : Aspen Publishers Online
ISBN 13 : 0735501521
Total Pages : 1317 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis Law of Property Rights Protection by : Jan Laitos

Download or read book Law of Property Rights Protection written by Jan Laitos and published by Aspen Publishers Online. This book was released on 1998 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The on-going battle between government's desire to regulate private property use and property owners' equally powerful desire to avoid economically damaging or unreasonable limitations on their property is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation at every level of government has stemmed from questions surrounding the timing and amount of government compensation to an owner of regulated property. The relevant law has undergone a complete transformation over the past decade, so count on the Law of Property Rights Protection to bring you completely up to date. Organized according to the major elements of a property rights case, the book: Analyzes the case law and identifies which challenges were successful, what fact patterns proved compelling, and what tactics have failed. Offers advice on how best to handle common situations Covers the full range of property, drawing on recent cases involving contract rights, lease hold rights, an unpatented mining claim, the possibility of reverter, the right of entry, the use of water power, and the right to exclude members of the public from a shopping center. Using Laitos' strategic approach will help you formulate your own arguments and handle taking cases with confidence.

Natural Resources Code

Author : Texas
Publisher :
ISBN 13 :
Total Pages : 924 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Natural Resources Code by : Texas

Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Idea of Property

Author : Laura S. Underkuffler
Publisher : Oxford University Press, USA
ISBN 13 : 9780199254187
Total Pages : 216 pages
Book Rating : 4.2/5 (541 download)

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Book Synopsis The Idea of Property by : Laura S. Underkuffler

Download or read book The Idea of Property written by Laura S. Underkuffler and published by Oxford University Press, USA. This book was released on 2003 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholars and philosophers have long been engaged in studying the secret of the internal structure of property in law. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests.

Roman Law and the Legal World of the Romans

Author : Andrew M. Riggsby
Publisher : Cambridge University Press
ISBN 13 : 052168711X
Total Pages : 295 pages
Book Rating : 4.5/5 (216 download)

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Book Synopsis Roman Law and the Legal World of the Romans by : Andrew M. Riggsby

Download or read book Roman Law and the Legal World of the Romans written by Andrew M. Riggsby and published by Cambridge University Press. This book was released on 2010-06-14 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.

Economic Liberties and the Constitution

Author : Bernard H. Siegan
Publisher : Transaction Publishers
ISBN 13 : 1412822114
Total Pages : 435 pages
Book Rating : 4.4/5 (128 download)

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Book Synopsis Economic Liberties and the Constitution by : Bernard H. Siegan

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 435 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.

Property Rights

Author : Terry L. Anderson
Publisher : Hoover Press
ISBN 13 : 081793913X
Total Pages : 148 pages
Book Rating : 4.8/5 (179 download)

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Book Synopsis Property Rights by : Terry L. Anderson

Download or read book Property Rights written by Terry L. Anderson and published by Hoover Press. This book was released on 2013-09-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the thoughts of various philosophers, political thinkers, economists, and lawyers, Terry Anderson and Laura Huggins present a blueprint for the nonexpert-expert on how societies can encourage or discourage freedom and prosperity through their property rights institutions. This Hoover Classic edition of Property Rightsdetails step-by-step what property rights are, what they do, how they evolve, how they can be protected, and how they promote freedom and prosperity.

Owning the Street

Author : Amelia Thorpe
Publisher : MIT Press
ISBN 13 : 0262360918
Total Pages : 348 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Owning the Street by : Amelia Thorpe

Download or read book Owning the Street written by Amelia Thorpe and published by MIT Press. This book was released on 2020-12-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: How local, specific, and personal understandings about belonging, ownership, and agency intersect with law to shape the city. In Owning the Street, Amelia Thorpe examines everyday experiences of and feelings about property and belonging in contemporary cities. She grounds her account in an empirical study of PARK(ing) Day, an annual event that reclaims street space from cars. A popular and highly recognizable example of DIY Urbanism, PARK(ing) Day has attracted considerable media attention, but has not yet been the subject of close scholarly examination. Focusing on the event's trajectories in San Francisco, Sydney, and Montreal, Thorpe addresses this gap, making use of extensive interview data, field work, and careful reflection to explore these tiny, temporary, and often transformative interventions. PARK(ing) Day is based on a creative interpretation of the property producible by paying a parking meter. Paying a meter, the event’s organizers explained, amounts to taking out a lease on the space; while most “lessees” use that property to store a car, the space could be put to other uses—engaging politics (a free health clinic for migrant workers, a same sex wedding, a protest against fossil fuels) and play (a dance floor, giant Jenga, a pocket park). Through this novel rereading of everyday regulation, PARK(ing) Day provides an example of the connection between belief and action—a connection at the heart of Thorpe’s argument. Thorpe examines ways in which local, personal, and materially grounded understandings about belonging, ownership, and agency intersect with law to shape the city. Her analysis offers insights into the ways in which citizens can shape the governance of urban space, particularly in contested environments. The book's foreword is by Davina Cooper, Research Professor in Law at King’s College London.

Takings

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Takings by : Richard A. Epstein

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.

The Concise Encyclopedia of Economics

Author : David R. Henderson
Publisher :
ISBN 13 : 9780865976658
Total Pages : 664 pages
Book Rating : 4.9/5 (766 download)

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Book Synopsis The Concise Encyclopedia of Economics by : David R. Henderson

Download or read book The Concise Encyclopedia of Economics written by David R. Henderson and published by . This book was released on 2008 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains 168 alphabetically arranged essays that provide information about topics related to economics, and includes biographical profiles of nearly one hundred noted economists.

The Right to Own Property

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Right to Own Property by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Right to Own Property written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1996 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Right to Privacy

Author : Louis Dembitz Brandeis
Publisher : Good Press
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.8/5 (596 download)

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Book Synopsis The Right to Privacy by : Louis Dembitz Brandeis

Download or read book The Right to Privacy written by Louis Dembitz Brandeis and published by Good Press. This book was released on 2023-09-17 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.