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Author: Laitos
Publisher: Wolters Kluwer
ISBN: 1543816509
Category : Law
Languages : en
Pages : 1254
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Book Description
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
Author: Laitos
Publisher: Wolters Kluwer
ISBN: 1543816509
Category : Law
Languages : en
Pages : 1254
Get Book Here
Book Description
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
Author: Vojislav Maksimovic
Publisher:
ISBN:
Category :
Languages : en
Pages : 55
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Book Description
Using cross-country data, this paper evaluates historical determinants of protection of property rights. We examine four historical theories that focus on conceptually distinct causal variables in shaping institutions, as captured by legal origin, endowments, ethnic diversity and religion. There is only one realization of the data with relatively few observations, which have by now been well explored in the literature. Given the correlations between the explanatory variables, it is difficult to fashion empirical tests which are consistent in their treatment of the competing theories and to know which regressions to take seriously, giving rise to competing interpretations in the literature. We use Directed Acyclic Graph (DAG) methodology to identify which historical factors are direct determinants of property rights protection and which are not, and subject the outcomes to a battery of robustness tests. The empirical results support ethnic fractionalization as a robust determinant of property rights protection. Despite the attention it has received in the literature, the impact of legal origin on protection of property rights appears fragile and dependent on the inclusion of transition economies in the sample.
Author: Gottfried Dietze
Publisher: Johns Hopkins University Press
ISBN: 9780801813535
Category : Business & Economics
Languages : en
Pages : 294
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Book Description
In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order. Dietze examines property rights within the general, civil rights complex and concludes that property rights, as the oldest officially recognized human right, must be considered on par with rights that came later. Following comments on the strong position of property rights in antiquity and the Enlightenment, In Defense of Property concentrates on developments in France, Germany, and the United States since the eighteenth century. Dietze describes the high degree of protection given to private property during the nineteenth century and the decline of that protection later. Dietze points out the risks of the decline of property rights and suggests ways to stop it. Originally published in 1963 by Henry Regnery Co.
Author: Terry L. Anderson
Publisher: Hoover Press
ISBN: 081793913X
Category : Political Science
Languages : en
Pages : 148
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Book Description
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.
Author: Jan Laitos
Publisher: Wolters Kluwer Law & Business
ISBN: 1543879780
Category : Eminent domain
Languages : en
Pages : 1260
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Book Description
Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : LAW
Languages : en
Pages :
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Book Description
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: Bernard H. Siegan
Publisher: Transaction Publishers
ISBN: 1412822114
Category : Political Science
Languages : en
Pages : 437
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Book Description
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: Texas
Publisher:
ISBN:
Category : Natural resources
Languages : en
Pages : 588
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Book Description
Author: Richard A. Epstein
Publisher: Oxford University Press
ISBN: 0190293942
Category : Law
Languages : en
Pages : 208
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Book Description
As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.
Author: James V. DeLong
Publisher: Simon and Schuster
ISBN: 0684874377
Category : Law
Languages : en
Pages : 410
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Book Description
Which matters more--spotted owls or the right to cut timber on your own land? Who has a greater right to the water of the Colorado River--California farmers, Denver housewives, or whitewater rafters? The vitally important right to property--from land to copyrights--is threatened by overzealous bureaucrats, ecological extremists, and an arbitrary judiciary.
