Ensign v. Walls, 323 MICH 49 (1948) PDF Download
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Author:
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Languages : en
Pages : 24
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27
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Languages : en
Pages : 24
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27
Author: Donald W. Large
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Category : Water
Languages : en
Pages : 202
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Category :
Languages : en
Pages : 20
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80549, 80356
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Category : Civil law
Languages : en
Pages : 652
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Category :
Languages : en
Pages : 12
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53
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Category : Civil procedure
Languages : en
Pages : 786
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Author: Eric Rakowski
Publisher: Oxford University Press, USA
ISBN: 019824875X
Category : Distributive justice
Languages : en
Pages : 402
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The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, Rakowski considers three types of problems which urgently require solutions-- the distribution of resources, property rights, and the saving of life--and provides challenging and unconventional answers. Further, he criticizes the economic analysis of law as a normative theory, and develops an alternative account of tort and property law.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377
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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.
Author: Jenny Bourne Wahl
Publisher: Taylor & Francis
ISBN: 9780815330851
Category : Law
Languages : en
Pages : 376
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First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Author:
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Category : Environmental engineering
Languages : en
Pages : 724
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