Public Property and Private Power

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Release : 2018-08-06
Genre : History
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Book Rating : 471/5 ( reviews)

Public Property and Private Power - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Public Property and Private Power write by Hendrik Hartog. This book was released on 2018-08-06. Public Property and Private Power available in PDF, EPUB and Kindle. No detailed description available for "Public Property and Private Power".

Takings

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Release : 1985-01-01
Genre : Law
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Book Rating : 914/5 ( reviews)

Takings - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Takings write by Richard A. Epstein. This book was released on 1985-01-01. Takings available in PDF, EPUB and Kindle. 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.

Law of Property Rights Protection, 3rd Edition

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Release : 2019-12-17
Genre : Law
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Book Rating : 509/5 ( reviews)

Law of Property Rights Protection, 3rd Edition - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law of Property Rights Protection, 3rd Edition write by Laitos. This book was released on 2019-12-17. Law of Property Rights Protection, 3rd Edition available in PDF, EPUB and Kindle. 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

Public Property and Private Power

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Author :
Release : 1989
Genre : Law
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Book Rating : /5 ( reviews)

Public Property and Private Power - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Public Property and Private Power write by Hendrik Hartog. This book was released on 1989. Public Property and Private Power available in PDF, EPUB and Kindle.

Private Power, Public Law

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Release : 2003
Genre : Business & Economics
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Book Rating : 398/5 ( reviews)

Private Power, Public Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Private Power, Public Law write by Susan K. Sell. This book was released on 2003. Private Power, Public Law available in PDF, EPUB and Kindle. Analysis of the power of multinational corporations in moulding international law on intellectual property rights.