Property Rights In Contemporary Governance

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Property Rights in Contemporary Governance

Author : Staci M. Zavattaro
Publisher : State University of New York Press
ISBN 13 : 1438472900
Total Pages : 230 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Property Rights in Contemporary Governance by : Staci M. Zavattaro

Download or read book Property Rights in Contemporary Governance written by Staci M. Zavattaro and published by State University of New York Press. This book was released on 2019-01-31 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how our diverse understandings of property impact real-world governing strategies. Property is a concept that is seemingly simple to understand yet continually evolving in the face of cultural change and technological advance. Property Rights in Contemporary Governance examines the many meanings of property, how they have changed over time, and the roles they play in policy, society, and law. With its deeply interdisciplinary approach, the book offers perspectives from economics, environmental studies, history, law, philosophy, public administration, and public policy. The contributors discuss such topics as the origin of the corporation, the role of the takings law, the development of legal protections for financial instruments in nineteenth-century France, the impact of climate change, the shifts in philosophical conceptions of property required by advances in intellectual property rights, and the influence of new technologies, including drones. This is a comprehensive and thoughtful exploration of how our diverse understandings of property impact real-world governing strategies. Staci M. Zavattaro is Associate Professor of Public Administration at the University of Central Florida. Her books include Cities for Sale: Municipalities as Public Relations and Marketing Firms, also published by SUNY Press. Gregory R. Peterson is Professor of Philosophy and Religion at South Dakota State University. He is the author of Minding God: Theology and the Cognitive Sciences. Ann E. Davis is Associate Professor of Economics at Marist College. She is the author of Money as a Social Institution: The Institutional Development of Capitalism and The Evolution of the Property Relation: Understanding Paradigms, Debates, and Prospects.

Intellectual Property Rights

Author : Birgitte Andersen
Publisher : Edward Elgar Publishing
ISBN 13 : 1847201520
Total Pages : 374 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Intellectual Property Rights by : Birgitte Andersen

Download or read book Intellectual Property Rights written by Birgitte Andersen and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents an impressive line-up of experts in the increasingly relevant field of law and economics, an area that has particular relevance to the issue of IP rights. . . an excellent collection of cutting-edge research. . . an essential read for those interested in the economic impact of IPRs. . . a highly recommended collection. Andrés Guadamuz, Journal of Intellectual Property Law and Practice Intellectual property policy has been framed too commonly in terms of refining and strengthening legal rights. As intellectual property grows in scope and importance, the limitations of this narrow approach have become all too apparent. This important collection puts the policy problems in proper perspective by assembling the work of leading scholars and researchers who examine intellectual property rights in terms of how they actually work in legal, economic, and institutional contexts. Brian Kahin, University of Michigan and formerly White House Office of Science and Technology Policy, US For a long time we have thought about IPRs as a policy instrument to avoid a "tragedy of commons". The essays collected by Birgitte Andersen show that in the XXI century economy there is another, and so far underestimated, danger: a sort of "tragedy of markets" where every knowledge or cultural expression becomes privatised. This will generate a greater knowledge and culture divide, with an increased corporate dominance. Those who are afraid of the dangers of exclusion and believe that open access to science, technology and culture will lead us in a more intriguing world will find convincing arguments and explanations in this volume. Daniele Archibugi, Italian National Research Council, Italy There is a growing need to understand the role of the regulation of intellectual property rights (IPRs), in order not only to achieve economic performance, growth and sustainable development at corporate, sectoral and global levels, but also to provide a higher quality of life for communities worldwide. Intellectual Property Rights is cutting edge in addressing current debates affecting businesses, industry sectors and society today, and in focusing not only on the enabling welfare effects of IPR systems, but also on some of the possible adverse effects of IPR systems. The main areas covered in the book are: the global commons in an era of corporate dominance and privatisation of the public domain, including science, culture, and healthcare under TRIPS the rationales for IPRs, and the importance of an appropriate design of an IPR regime in achieving its objectives opening the black box of IPR offices and critically reviewing how they affect economic performance in both theory and practice coordinating the institutions (state versus sector institutions, knowledge networks, innovation systems) creating and extracting financial and non-financial value from patents and copyrights. This book challenges the existing mainstream thinking and analytical frameworks dominating the theoretical literature on IPRs within economics, management, politics, law and regulation theory. It is relevant for policymakers, business analysts, industrial and business economists, researchers and students.

Convergence and Persistence in Corporate Governance

Author : Jeffrey N. Gordon
Publisher : Cambridge University Press
ISBN 13 : 9780521536011
Total Pages : 396 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Convergence and Persistence in Corporate Governance by : Jeffrey N. Gordon

Download or read book Convergence and Persistence in Corporate Governance written by Jeffrey N. Gordon and published by Cambridge University Press. This book was released on 2004-04-08 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate governance is on the reform agenda all over the world. How will global economic integration affect the different systems of corporate ownership and governance? Is the Anglo-American model of shareholder capitalism destined to become the template for a converging global corporate governance standard or will the differences persist? This reader contains classic work from leading scholars addressing this question as well as several new essays. In a sophisticated political economy analysis that is also attuned to the legal framework, the authors bring to bear efficiency arguments, politics, institutional economics, international relations, industrial organization, and property rights. These questions have become even more important in light of the post-Enron corporate governance crisis in the United States and the European Union's repeated efforts at corporate integration. This will become a key text for postgraduates and academics.

Law of Property Rights Protection, 3rd Edition

Author : Laitos
Publisher : Wolters Kluwer
ISBN 13 : 1543816509
Total Pages : 1254 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Law of Property Rights Protection, 3rd Edition by : Laitos

Download or read book Law of Property Rights Protection, 3rd Edition written by Laitos and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 1254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of Property Rights Protection: Limitations on Governmental Powers, Third 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, Third 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. Note: Online subscriptions are for three-month periods. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition, ISBN 9781543802368

Strata Title Property Rights

Author : Cathy Sherry
Publisher : Routledge
ISBN 13 : 1317427513
Total Pages : 286 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Strata Title Property Rights by : Cathy Sherry

Download or read book Strata Title Property Rights written by Cathy Sherry and published by Routledge. This book was released on 2016-12-19 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher level analysis, discussing the wider economic, social and political implications of Australia’s strata and community title law. In particular, the book argues that private by-laws, however desirable to initial parties, are often economically inefficient and socially regressive when enforced against an ever-changing group of owners. The book will be of particular interest to scholars and legal practitioners of property law in Australia, but as the Australian strata title model has formed the basis for legislation in many countries, the book draws out lessons and analysis that will be of use to those studying privately-owned communities across the world.

Global Governance of Intellectual Property in the 21st Century

Author : Mark Perry
Publisher : Springer
ISBN 13 : 3319311778
Total Pages : 254 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Global Governance of Intellectual Property in the 21st Century by : Mark Perry

Download or read book Global Governance of Intellectual Property in the 21st Century written by Mark Perry and published by Springer. This book was released on 2016-05-24 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the governance foundations of innovation, brands, inventions, secrets and expression, which are the keys to a century based on knowledge. They are reflected in legal rights that have been fermenting over centuries of national policy deliberations on intellectual property rights, constantly in flux in the face of new advances in science, but overall a trend towards greater protectionism. As countries are challenged by the strictures of international agreements, often extorted through imbalanced power relationships, they seek their own national means for beneficial differentiation from the new global norms, whilst complying with international obligations. This book deals with the outcomes of regional governance of intellectual property, which often creates ripples in the search for harmony in the laws that form the basis for the future of intellectual property. The work has contributions that come from developing and developed nations, showing a common theme of the struggle to find the balance in an area of law that often does not provide clearcut solutions to real world environments. There are many intellectual property struggles illustrated in this work: patent at the boundaries of nature and invention, the need for drug development, which is driven by profit based on the patent monopoly; copyright, the expression of original thought, seeking to maximise exposure facilitated by the internet, but a system that facilitates rampant copying; trade marks, supporting company branding, seeks to exploit global branding through naming domains names; and other areas concomitant to the globalisation of intellectual property governance, such as foreign direct investment. This book holds up a mirror to the issues of world governance of intellectual property rights in this century, asking whether the direction we are currently following is in the best interest of global citizens, and showing the divergence that constraints are stimulating on a national level.

Property Rights and Sustainability

Author : David Grinlinton
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004182640
Total Pages : 449 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Property Rights and Sustainability by : David Grinlinton

Download or read book Property Rights and Sustainability written by David Grinlinton and published by Martinus Nijhoff Publishers. This book was released on 2011-04-11 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.

Contested Common Land

Author : Christopher P. Rodgers
Publisher : Routledge
ISBN 13 : 1136537740
Total Pages : 242 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Contested Common Land by : Christopher P. Rodgers

Download or read book Contested Common Land written by Christopher P. Rodgers and published by Routledge. This book was released on 2012-08-06 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and interdisciplinary book makes a major contribution to common pool resource studies. It offers a new perspective on the sustainable governance of common resources, grounded in contemporary and archival research on the common lands of England and Wales - an important common resource with multiple, and often conflicting, uses. It encompasses ecologically sensitive environments and landscapes, is an important agricultural resource and provides public access to the countryside for recreation. Contested Common Land brings together historical and contemporary legal scholarship to examine the environmental governance of common land from c.1600 to the present day. It uses four case studies to illustrate the challenges presented by the sustainable management of common property from an interdisciplinary perspective - from the Lake District, Yorkshire Dales, North Norfolk coast and the Cambrian Mountains. These demonstrate that cultural assumptions concerning the value of common land have changed across the centuries, with profound consequences for the law, land management, the legal expression of concepts of common 'property' rights and their exercise. The 'stakeholders' of today are the inheritors of this complex cultural legacy, and must negotiate diverse and sometimes conflicting objectives in their pursuit of a potentially unifying goal: a secure and sustainable future for the commons. The book also has considerable contemporary relevance, providing a timely contribution to discussion of strategies for the implementation of the Commons Act of 2006. The case studies position the new legislation in England and Wales within the wider context of institutional scholarship on the governance principles for successful common pool resource management, and the rejection of the 'tragedy of the commons'.

Property Rights and Land Policies

Author : Gregory K. Ingram
Publisher : Lincoln Inst of Land Policy
ISBN 13 : 9781558441880
Total Pages : 483 pages
Book Rating : 4.4/5 (418 download)

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Book Synopsis Property Rights and Land Policies by : Gregory K. Ingram

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:

Property Rights from Below

Author : Olivier De Schutter
Publisher : Routledge
ISBN 13 : 1317220021
Total Pages : 386 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Property Rights from Below by : Olivier De Schutter

Download or read book Property Rights from Below written by Olivier De Schutter and published by Routledge. This book was released on 2019-12-06 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

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.

Ethics and Law of Intellectual Property

Author : Christian Lenk
Publisher : Routledge
ISBN 13 : 1317141377
Total Pages : 307 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Ethics and Law of Intellectual Property by : Christian Lenk

Download or read book Ethics and Law of Intellectual Property written by Christian Lenk and published by Routledge. This book was released on 2016-05-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divided into three parts, this edited volume gives an overview of current topics in law and ethics in relation to intellectual property. It addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. In addition, it provides an insight into the process of international policy-making, showing the current problems in the area of intellectual property in science and research. It also highlights changes in the fundamental understanding of common and private property and the possible implications and challenges for society and politics.

Property Rights

Author : Terry L. Anderson
Publisher : Princeton University Press
ISBN 13 : 9780691099989
Total Pages : 412 pages
Book Rating : 4.0/5 (999 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 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).

Intellectual Property in Global Governance

Author : Chidi Oguamanam
Publisher : Routledge
ISBN 13 : 1136659463
Total Pages : 308 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Intellectual Property in Global Governance by : Chidi Oguamanam

Download or read book Intellectual Property in Global Governance written by Chidi Oguamanam and published by Routledge. This book was released on 2013-03-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law. Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.

The Guardian of Every Other Right

Author : James W. Ely Jr.
Publisher : Oxford University Press
ISBN 13 : 0199724520
Total Pages : 239 pages
Book Rating : 4.1/5 (997 download)

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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 239 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.

Private Property Rights and the Environment

Author : Shelly Hiller Marguerat
Publisher : Springer
ISBN 13 : 3319979000
Total Pages : 485 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Private Property Rights and the Environment by : Shelly Hiller Marguerat

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.

Regulatory Property Rights

Author : Christine Godt
Publisher : BRILL
ISBN 13 : 9004313524
Total Pages : 259 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Regulatory Property Rights by : Christine Godt

Download or read book Regulatory Property Rights written by Christine Godt and published by BRILL. This book was released on 2016-11-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.