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Property and the Constitution

Property and the Constitution
Author: Janet McLean
Publisher: Bloomsbury Publishing
Total Pages: 296
Release: 1999-07-01
Genre: Law
ISBN: 1847313078

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In this set of essays,public lawyers, property lawyers and legal philosophers examine the public dimensions of private property. At a time when governments across the globe are privatising formerly public property, the public forum is being replaced by the privately owned shopping mall, and an increasing range of interests are being described as 'property', an examination of the powers which attach to ownership becomes all the more pressing. The contributors consider whether property is a human right, its role in making responsible citizens, its relationship to freedom of speech and other values, the proper scope of constitutional protections of private property, impediments to the redistribution of property, and attempts to redress historical wrongs by property settlements to indigenous people. Taking a richly comparative perspective, examples have been drawn from jurisdictions as diverse as the United Kingdom, South Africa, Germany, the United States, and New Zealand. Contributors: Janet McLean (ed), Kevin Gray, Susan Francis Gray, Geoffrey Samuel, J W Harris, Gregory Alexander, Andre van der Walt, Tom Allen, Jeremy Waldron, Maurice Goldsmith, Alex Frame, John Dawson, Michael Robertson.


Lakefront

Lakefront
Author: Joseph D. Kearney
Publisher: Cornell University Press
Total Pages: 392
Release: 2021-05-15
Genre: Architecture
ISBN: 1501754661

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How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.


Proprietary Remedies in Context

Proprietary Remedies in Context
Author: Craig Rotherham
Publisher: Hart Publishing
Total Pages: 384
Release: 2002-04-23
Genre: Law
ISBN: 1841131652

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Rotherham (U. of Cambridge, UK) provides a study of the juridical doctrines of English common law that allow for the acquisition of rights of ownership without an owner's consent and the issues raised by such redistributions of property rights. He ar gues that there is a fundamental tension in English law between the idea that property is inviolable and a de facto recognition of remedies that redistribute property rights. This tension leads to doctrines that are highly misleading and often indefe nsible. He suggests that the refusal to acknowledge the normative dimension of common law reasoning has precluded rational policy-making and has led to legal justifications that obfuscate rather than explain. A more rational doctrine would reject the absolutist paradigm of property, recognizing proper limits. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR


The International Encyclopedia of Gambling [2 volumes]

The International Encyclopedia of Gambling [2 volumes]
Author: William N. Thompson
Publisher: Bloomsbury Publishing USA
Total Pages: 815
Release: 2009-12-23
Genre: Social Science
ISBN: 1598842269

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The most complete single-source collection on gambling ever assembled gives readers access to the best possible information about one of the fastest growing industries in the world. The International Encyclopedia of Gambling seeks to explain the gambling phenomenon through an in-depth exploration of gambling operations around the world. More than 300 entries reflect the global stretch of the industry as they examine games, venues, players and other leading figures, legal issues, the history of gaming, and the literature on the subject. The work is enhanced with a dozen contributed articles on gambling-related topics, including commentaries on the history and growth of Las Vegas and a description of major law cases involving gambling. Coverage includes Internet gambling and a section incorporating reviews of more than 50 films about gambling.


Rights, Wrongs and Responsibilities

Rights, Wrongs and Responsibilities
Author: M. Kramer
Publisher: Springer
Total Pages: 262
Release: 2001-10-10
Genre: Philosophy
ISBN: 0230523633

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In this wide-ranging investigation of many prominent issues in contemporary legal and political philosophy, eight distinguished philosophers and legal theorists (including Matthew Kramer, Hillel Steiner, Antony Duff, Sandra Marshall, Wilfrid Waluchow, and Nicholas Bamforth) tackle issues such as the rights of animals and foetuses, the relationship between law and politics, the requirements of justice, the demands of practical rationality, the role of public-policy considerations in legal reasoning, the fundamental characteristics of legal and moral entitlements, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes. Together, the eight principal essays in Rights, Wrongs, and Responsibilities shed philosophical light on public law, criminal law, and most areas of private law as they explore the bearings of the three key concepts in the volume's title.


Property Law

Property Law
Author: Joseph William Singer
Publisher: Aspen Publishing
Total Pages: 1887
Release: 2017-03-10
Genre: Law
ISBN: 1454888148

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks This hugely successful cases-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its clear descriptions of legal doctrine and its variations; its explanations of the social ramifications of property law; its emphasis on both statutory and regulatory interpretation; its comprehensive treatment of public accommodations and fair housing law, current tribal property issues, and property in human bodies; and its use of the problem method to teach legal reasoning andlawyeringskills. Thoroughly updated to reflect significant changes in the law of property, the Seventh Edition incorporates multiple new Supreme Court cases, including:Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.,Obergefellv. Hodges, andReed v. Town of Gilbert, and 3 decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture,Marvin M. Brandt Revocable Trust v. United States, andMurrv. State. Key Features: Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes. These include multiple new Supreme Court cases: Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015), upholding disparate impact claims under the Fair Housing Act; Obergefellv. Hodges, 123 S. Ct. 2584 (2015), finding a constitutional right to same-sex marriage; Reed v. Town of Gilbert,135 S. Ct. 2218 (2015), broadly applying the First Amendment’s free speech clause to sign regulations; and three decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture, 135 S. Ct. 2419 (2015),Marvin M. Brandt Revocable Trust v. United States, 134 S. Ct. 1257 (2014), andMurrv. State, 359Wis.2d675 (Wis. Ct. App. 2014), cert. granted sub nom.Murrv. Wisconsin, 136 S.Ct. 890 (2016). New materials and problems have been included in several areas: Collisions between the sharing economy and servitude, zoning, and landlord-tenant law; Questions of the inheritance rights of children born through assisted reproductive technology; Continuing litigation over the Rails-to-Trails Act conversion of abandoned railroad tracks into recreational trails Invalidation of the copyright on the Happy Birthday song; Commonwealth v.Magadini, 52 N.E.3d 1041 (Mass. 2016), upholding a necessity defense to a trespass charge against a homeless man; and The Revised Uniform Residential Landlord and Tenant Act, adopted in 2015.


The New Zealand Law Reports

The New Zealand Law Reports
Author:
Publisher:
Total Pages: 924
Release: 2002
Genre: Law reports, digests, etc
ISBN:

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Brooks V. Heyda

Brooks V. Heyda
Author:
Publisher:
Total Pages: 18
Release: 1990
Genre: Legal briefs
ISBN:

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