This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this ... Found insideThis book brings together ten classic statements which set out the main arguments that are now appealed to and places them in historical and critical perspective. Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution. Found insideThe Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The fifth amendment to the Constitution of the United States guarantees that private property shall not, be taken for public use without just compensation.' This is not a suggestion. This is not a preference. This is not a recommendation. Found inside – Page iIn this revised and updated edition, Keyssar carries the story forward, from the disputed presidential contest of 2000 through the 2008 campaign and the election of Barack Obama. Found insideIn Free to Move, Ilya Somin explains how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. The book shows how the debate concerning Franciscan poverty gave rise to a new language of rights, which paved the way to the idea of individual natural rights. This book discusses specific reasons why the Founders placed the Fourth Amendment-the right to privacy, the right to be left alone by Government-in the U.S. Constitution. 3 Framework for research Study covers Vedic period to modern times. In The Global Debate over Constitutional Property, Gregory Alexander recasts this discussion, arguing that both sides overlook a key problem: that constitutional protection, or lack thereof, has little bearing on how a society actually ... Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. This book considers 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. The 7-volume Encyclopedia of Biodiversity, Second Edition maintains the reputation of the highly regarded original, presenting the most current information available in this globally crucial area of research and study. Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. " In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations. Treating the entire history of property rights, with full coverage of new developments over the past two decades, this book fills an important gap in the literature of constitutional history. Contents. Practical, theoretical and historical approach to constitutional rights to property in Commonwealth countries. Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. This is a study of the way individuals organise the use of resources in order to maximise the value of their economic rights over these resources. Presenting a comprehensive, critical examination of the claim that private property is one of the fundamental rights of humankind, Waldron here contrasts two types of arguments about rights: those based on historical entitlement, and those ... Second- and third- level headings, boxes, sidebars, and the like emphasize the reference-oriented nature of the material. The four volumes are arranged in an A-Z format, with a complete subject index at the end of the last volume. 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 ... Found insideTo that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. This book provides a detailed investigation into this developing international property law. An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Introduction: property and human rights in a global context / Ting Xu and Jean Allain -- Property, human rights and communities / Alison Clarke -- Cultural property and community rights to cultural heritage / Fiona Macmillan -- ... Found insideThis comprehensive work is edited by distinguished housing expert Susan J. Smith, together with Marja Elsinga, Ong Seow Eng, Lorna Fox O'Mahony and Susan Wachter, and a multi-disciplinary editorial team of 20 world-class scholars in all. This book explores the interface between intellectual property and human rights law and policy. This Book Will Be Useful To Librarians, Scientists, Educationists And Personnel Working In Revenue, Law, Judiciary And Police Departments Apart For The Layman. This book presents an alternative viewpoint in the ongoing dialogue on property. Dr Penner places the idea of property within the broader system of rules, rights and powers which make up the legal system. A discussion of current trends in the constitutional protection of economic liberties. Royal assent, 9th November 1998 The Fifth Amendment is one of the more complex and far-reaching amendments to the US Constitution, so this book begins by breaking down each clause one by one, explaining the legalese in uncomplicated language, thus allowing the reader to ... As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend towards treating land as a commodity and explores alternatives to the Western model. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests. What is property? Stuart Banner here offers a guided tour through the many manifestations, and innumerable uses, of property throughout American history. 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