Public Purpose Or Private Benefit?

Public Purpose Or Private Benefit? PDF Author: Gill Owen
Publisher: Manchester University Press
ISBN: 9780719050251
Category : Nature
Languages : en
Pages : 264

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Book Description
Emphasizing their evolution between the oil embargo of the 1970s and the Rio Earth Summit in 1992, examines energy conservation policies in Denmark, the Netherlands, Britain, the US, Australia, and Japan. Analyzes the role of governments through incentives, regulation, and energy pricing, and the influence of electricity and gas companies whose main interest is selling more energy. Finds a significant new focus on energy efficiency and its private benefits to consumers. Distributed in the US by St. Martin's Press. Annotation copyrighted by Book News, Inc., Portland, OR

Public Purpose Or Private Benefit?

Public Purpose Or Private Benefit? PDF Author: Gill Owen
Publisher: Manchester University Press
ISBN: 9780719050251
Category : Nature
Languages : en
Pages : 264

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Book Description
Emphasizing their evolution between the oil embargo of the 1970s and the Rio Earth Summit in 1992, examines energy conservation policies in Denmark, the Netherlands, Britain, the US, Australia, and Japan. Analyzes the role of governments through incentives, regulation, and energy pricing, and the influence of electricity and gas companies whose main interest is selling more energy. Finds a significant new focus on energy efficiency and its private benefits to consumers. Distributed in the US by St. Martin's Press. Annotation copyrighted by Book News, Inc., Portland, OR

Class Action Dilemmas

Class Action Dilemmas PDF Author: Deborah R. Hensler
Publisher: Rand Corporation
ISBN: 0833043943
Category : Law
Languages : en
Pages : 635

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Book Description
Class action lawsuits--allowing one or a few plaintiffs to represent many who seek redress--have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, Are class actions worth their costs to society and to business? Do they do more harm than good? To describe the landscape of current damage class action litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes--and ensuring that they have the resources to do so--can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.

Nichols on Eminent Domain

Nichols on Eminent Domain PDF Author: Julius L. Sackman
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1084

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Book Description


Private Property and the Constitution

Private Property and the Constitution PDF Author: Bruce Ackerman
Publisher: Yale University Press
ISBN: 0300022379
Category : Law
Languages : en
Pages : 315

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Book Description
The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types---Scientific Policymaking and Ordinary Observing---and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis.He concludes by exploring the large implications of such a choice---relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.

Property Rights and Neoliberalism

Property Rights and Neoliberalism PDF Author: Laura J. Hatcher
Publisher: Routledge
ISBN: 1317074610
Category : Law
Languages : en
Pages : 254

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Book Description
Property rights and efforts to curb state appropriation of private properties for public purposes have always held high status on the political agenda of the US and many other nations that feature a corporate capitalist economic system. In addition to this, over the last several decades conservative libertarian and neo-liberal groups have put constitutional demands for greater property protection on the agendas of courts in several countries. Studying property rights mobilization in both domestic and comparative contexts, the contributors to this volume bring a range of social science perspectives to address three primary issues: the contours and characteristics of property rights mobilizations; the degree to which property rights movements have influenced development of law in demonstrable ways; and the broader cultural, social and economic implications of modern-era property rights litigation and legal mobilizations. This will be a key text for anyone working within or interested in property rights.

Environmental Issues Today [2 volumes]

Environmental Issues Today [2 volumes] PDF Author: Robert J. Duffy
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Nature
Languages : en
Pages : 572

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Book Description
This two-volume set provides an authoritative overview of the major environmental issues of the 21st century, with a special focus on current challenges, trends, and policy choices. This set provides an up-to-date, comprehensive, and focused resource for understanding the nature and scope of environmental challenges facing the United States and the world in the 21st century, as well as options for meeting those challenges. Volume One covers environmental trends and challenges within the United States, while Volume Two illuminates environmental issues and choices around the world. Issues covered in both volumes include vital topics such as climate change, air and water pollution, natural resource and species protection, and agricultural/industrial impacts on the environment and public health. For all topics, the authors—scholars and experts hailing from a wide range of environmental and policy fields—detail a range of political, social, and economic options for the future and explain why the issue in question is important for society and people as well as the natural world.

The Grasping Hand

The Grasping Hand PDF Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022625674X
Category : Law
Languages : en
Pages : 369

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Book Description
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

Property Rights

Property Rights PDF Author: B. Benson
Publisher: Springer
ISBN: 0230107796
Category : Business & Economics
Languages : en
Pages : 324

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Book Description
In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings.

Senate Journal

Senate Journal PDF Author: Wisconsin. Legislature. Senate
Publisher:
ISBN:
Category : Legislation
Languages : en
Pages :

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Book Description


Taking of Property

Taking of Property PDF Author: United Nations Conference on Trade and Development
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 94

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Book Description
Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.