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
A discussion of current trends in the constitutional protection of economic liberties. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention. --From publisher description.
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
The Economics of the Environment and Natural Resourcescovers the essential topics students need to understandenvironmental and resource problems and their possible solutions.Its unique lecture format provides an in-depth exploration ofdiscrete topics, ideal for upper-level undergraduate, graduate ordoctoral study. Each chapter depicts the key theoretical insights,major issues, and real-life problems that motivate the subject. Inaddition, the chapters feature practical applications and casestudies, a list of annotated further reading, and extensivereferences. Offers broad treatment of issues in Environmental and ResourceEconomics. Provides in-depth exploration of a wide range of topics withits unique lecture format. Depicts key theoretical insights, major issues, and real-lifeproblems for each subject. Features case studies, annotated further reading, extensivereferences, and a detailed glossary.
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.
The book expounds on the role played by democracy in China's revolution and modernization led by the Communist Party of China (CPC), and how the CPC, in both its party building and state building, has constantly sought to leverage democracy's positive functions while avoiding its shortcomings.Special attention is paid to reconstructing and explaining the historical contexts from which the Party's theoretical innovations have emerged, thus offering readers insights into the inner political logic that has shaped China's development.The author, a member of the Party's senior policy panel, offers a perceptive analysis of the modernization of the country and its governing capacity, and provides a clear assessment of how democracy in China has developed with the times.Always bearing the big picture in mind, the author has not shied away from some of the more controversial parts of China's recent history, and his deep understanding of relevant Party documents and historical facts give strong support to his analyses. He concludes that that the Party is central to leading the nation to explore its path of socialism with Chinese characteristics and that the country has always emerged stronger after setbacks.
This book is targeted to students studying environmental law as well as legal academics, researchers, and undergraduates from other disciplines, including economics, political science, and natural sciences.