Law Of Property Rights Protection
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Law Of Property Rights Protection 3rd Edition
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Author : Laitos
language : en
Publisher: Wolters Kluwer
Release Date : 2019-12-17
Law Of Property Rights Protection 3rd Edition written by Laitos and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-17 with Law categories.
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
Law Of Property Rights Protection
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Author : Jan Laitos
language : en
Publisher: Wolters Kluwer Law & Business
Release Date : 2023
Law Of Property Rights Protection written by Jan Laitos and has been published by Wolters Kluwer Law & Business this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Eminent domain categories.
The Protection Of Property Rights In Comparative Perspective
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Author : Sabrina Praduroux
language : en
Publisher:
Release Date : 2013
The Protection Of Property Rights In Comparative Perspective written by Sabrina Praduroux and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Human rights categories.
This book offers a comparative and interdisciplinary approach to the issue of property rights protection in Europe. This approach explores the tensions between the European and the national level. This is done by highlighting the different understanding of the constitutional role of property within different legal cultures and legal orders. The interaction and dialogue between national law and supranational human rights law in the area of property law is therefore at the center of the work. The book concentrates on the emerging conflicts between fundamental rights, the horizontal effect, and the positive obligations of states in the area of property law, but also provides new insights on what the protection of property rights at the European level implicates for national legal orders. Investigating the constitutional dimension of private property, which currently appears to be particularly fragmented and complex due to the ever-increasing influence of European human rights law over national laws, the book thus contributes to a critical understanding of the dynamic of property law in Europe today. ** About the author: Sabrina Praduroux holds a PhD in Comparative Law from the University of Palermo and in May 2012 she was granted a PhD from the Faculty of Law of the University of Helsinki. Her experiences as a trainee at both the European Court of Human Rights and the European Agency for Fundamental Rights, as well as a period as Visiting Scholar at McGill University, were of considerable value in writing this book. Her main fields of interest concern European human rights law and private law, and much of her work is comparative and interdisciplinary. (Series: European Studies in Private Law - Vol. 6)
The Entrepreneurial Society
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Author : Niklas Elert
language : en
Publisher: Springer
Release Date : 2019-08-15
The Entrepreneurial Society written by Niklas Elert and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-15 with Business & Economics categories.
This open access book builds on the European Union’s (EU) Horizon 2020 project ‘Financial and Institutional Reforms for an Entrepreneurial Society’ (FIRES). The authors outline how Europe can move towards more inclusive, innovative and sustainable growth through reforms that will rekindle its entrepreneurial spirit. Based on decades of research and countless discussions with stakeholders, the book also features the FIRES project’s full list of policy interventions and institutional reforms that can help policymakers make that agenda a reality.
Protection Of Personal And Property Rights
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Author : Sylvia A. Bell
language : en
Publisher:
Release Date : 2012-01-12
Protection Of Personal And Property Rights written by Sylvia A. Bell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-12 with Mental health laws categories.
Property Rights Dynamics
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Author : Donatella Porrini
language : en
Publisher: Routledge
Release Date : 2012-07-26
Property Rights Dynamics written by Donatella Porrini and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-26 with Business & Economics categories.
Issues such as the patentability of scientific ideas, the market for organs and open source software are hotly debated and yet poorly understood. In particular, there is a great need for sound economic theorizing on such issues. There is also a need for a clear and concise exposition of the state-of-the-art of the economics of property rights. This book fulfils these various needs.
Perspectives On Property Law
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Author : Robert C. Ellickson
language : en
Publisher: Aspen Publishing
Release Date : 2023
Perspectives On Property Law written by Robert C. Ellickson and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Property categories.
"A reader containing a wide selection of fascinating and essential readings on Property Law, supplemented with the authors' own commentary"--
Personal Property Law
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Author : Michael Bridge
language : en
Publisher: OUP Oxford
Release Date : 2015-04-16
Personal Property Law written by Michael Bridge and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-16 with Law categories.
What type of right is a property right? How are items of property classified for legal purposes? In this revised edition of Personal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream,) and statutory developments. Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property.
The Protection Of Intellectual Property Rights Under International Investment Law
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Author : Simon Klopschinski
language : en
Publisher: Oxford International Arbitrati
Release Date : 2020-07-14
The Protection Of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-14 with Law categories.
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book will analyse the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.
Property Rights And Sustainability
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Author : David Grinlinton
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-04-11
Property Rights And Sustainability written by David Grinlinton and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-11 with Law categories.
This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.