Deals with the principles which relate to the right of property in tide waters.

This book is designed to complement the author's A New Land Law,integrating with that work in its simplified terminology, and emphasising a three-fold functional classification of leases - short residential tenancies, long residential leases and commercial leases. Rented housing is treated as a unified whole, with particular prominence being given to shorthold arrangements. The book includes reference to the changes to the allocation and homelessness regimes proposed by Part II of the Homes Bill 2000. It also considers the impact of the Human Rights Act 1998, the changes to repossession procedures implemented by the Woolf Reforms, and the year 2000 bumper crop of decisions on housing law. Leasehold tenure is undergoing dramatic changes. The book draws a functional distinction between long residential leases and rental arrangements, based on the registrability of long leases, their freedom from rent controls and security of tenure, special controls of management and forfeiture, and enfranchisement rights. Extensive coverage is given to the Commonhold and Leasehold Reform Bill 2000, introduced into the House of Lords in December 2000, and promising improvements in the enfranchisement schemes, additional management controls, and a commonhold scheme. Topics on commercial leases (business and agricultural) given special attention include the reasonable recipient principle for the construction of notices, a decision on the effect on a sub-tenant of an upwards notice to quit by his head tenant, and Law Commission proposals on the Termination of Tenancies (1999). Contents: 1. Renting 2. Contractual Duration 3. Shortholds 4. Allocation and Homelessness 5. Full Residential Security 6. Limited Security Arrangements 7. Tied Accommodation 8. Domestic Protection 9. Residential Rents 10. Condition of Rented Property 11. Assignment 12. Peaceful Occupation 13. Residential Repossession 14. Leasehold Homes 15. Individual Enfranchisement 16. Flat Schemes 17. Commonhold 18. Right to Buy 19. Commercial Grants 20. Renewable Business Leases 21. Termination without Renewal 22. Agricultural Leases 23. Freedom of Business Contract 24. Business Rents 25. Repairs to Business Premises 26. Business Leases of Part 27. Dealings 28. Running of Covenants 29. Forfeiture

In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property?

The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law?

Accessible and mercifully free of legal jargon, " American Property" reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires.

Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.

Premises Security: A Guide for Attorneys and Security Professionals guides the security professional through the ins and outs of premises security liability. Premises security litigation claims represent a serious financial threat to owners and occupiers of property. This book provides an overview of risk assessment techniques, identification of reasonable security measures, legal issues and litigation strategies.
Premises security litigation is increasing at a dramatic rate and has a significant negative impact on corporate profits. Realizing the increasing costs of litigation, business owners and other interested parties are initiating proactive measures to provide adequate security. Attorneys can use this book as a security resource for providing legal advice to their clients and during the litigation process. Security professionals will be better able to propose and implement reasonable and appropriate security measures. The format of providing information in response to specific questions carries the reader through a logical and sequential method for understanding the legal concepts of premises liability, the identification of reasonable and appropriate protection measures, and how to acquire premises security information.
This is a practical, concise and informative guide. This book can be used in a proactive prevention mode as well as a reactive response to litigation claims. It explains what security professionals should be thinking about and planning for when it comes to protecting people on their premises. It also provides a common base of knowledge for attorneys and security professionals that does not exist in any other publication.

Designed to meet the needs of both attorneys and security professionals
Covers both liability and security issues
Appendices provide detailed premises security information to facilitate a proactive approach to providing reasonable and appropriate security measures and reacting to litigation

An account of the legal battle to open up New Jersey's suburbs to the poor, looking at the views of lawyers on both sides of the controversy. It is a case study of judicial activism and its consequences and an analysis of suburban attitudes regarding race, class and property.

During this century, hundreds of billions of pounds of pesticides have been released to the global environment. How are we exposed to them? What can we do to protect ourselves? In this extraordinary analysis, John Wargo, one of the nation's leading experts in pesticide policy, traces the history of pesticide law and science, with a focus on the special hazards faced by children. By 1969, nearly 60,000 separate pesticide products were registered for use by the U.S. government, each with the expectation that pesticides could be used safely, that they quickly broke down into harmless substances, or that dangerous levels of exposure could be accurately predicted and somehow avoided. Faith in these assumptions was gradually eroded as experts grew to understand the persistence, movement, and toxicity of the chemicals involved. Nevertheless, government continues to hold the discretion to balance risks against economic benefits in its licensing decisions. The underlying legal strategy, Wargo claims, has been one that places extraordinary faith in government's ability to somehow ensure that only safe levels of contamination and exposure occur. And the effect has been systematic neglect of those exposures and risks faced by children. Wargo presents a compelling case that children are more heavily exposed to some pesticides than adults and are especially vulnerable to some adverse effects. How should the fractured body of environmental law be repaired to manage the distribution of risk? This is the central question Wargo addresses as he suggests fundamental reforms of science and law necessary to understand and contain the health risks faced by children.

Oran R. Young is a key participant in recent debates among international relations scholars about the dynamics of rule-making and rule-following in international society. In this book, he weaves together theoretical issues relating to the formation of international regimes and substantive issues relating to the emergence of the Arctic as a distinct region in world affairs.

Young divides the overall process of regime formation into three stages -- agenda formation, negotiation, and operationalization -- and argues that each stage has its own particular political dynamics. Efforts to explain or predict developments in specific issue areas, he suggests, require careful attention to each stage in the process.

Empirically, Young examines in detail the events leading to the formation of the Arctic Environmental Protection Strategy and the Barents Euro-Arctic Region. Although these cases exhibit the defining characteristics of all international regimes, they broaden our understanding of institutional arrangements that are largely programmatic, rather than regulatory, in nature and that are based on soft-law agreements.

The centralisation of environmental regulation has led to inflexibility on America's federal government as it attempts to respond to various problems. This analysis of current policies proposes a restructuring of the environmental regulatory authority to lead to better environmental enforcement.

This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen's University Belfast in April 2016. It is the ninth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Following a foreword from the keynote speaker at the Conference, Queen's alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

With the stroke of a pen, Theodore Roosevelt created the Grand Canyon National Monument in 1908. Without his quick action, commercial developers, already coveting this national treasure, would have invaded the canyon's floor. Not until eleven years later did Congress make it a national park, an act that provided funds for development and preservation unavailable to national monuments. According to Hal Rothman, the designation of national monument--decided at the discretion of the president--was the saving grace for many natural and archaeologically significant sites as debates on national park designations languished in Congress. But lacking sufficient financial backing, national monuments inevitably ended up taking a back seat to the national park system in the early twentieth century. Looking at the history of the national monuments, from the passage of the Antiquities Act of 1906--allowing for presidential designation of monuments--to the present, Rothman traces the evolution of federal preservation. He shows how laws, policies, personalities, personal and bureaucratic rivalries, and a changing cultural climate affected preservation efforts. And he illustrates how the national park system has functioned and changed over the years as public officials have tried to implement federal policy at the grassroots level. The Antiquities Act, he contends, has been undervalued and ignored by contemporary observers and historians. In fact, he demonstrates, it is the most important piece of preservation legislation ever enacted by the U.S. government. Without it, many significant sites would have been destroyed as a result of congressional inertia and indifference. Rothman examines the evolution of this vital legislation, originally designed to preserve archaeological sites in the Southwest but later also used to maintain other significant prehistoric, historic, and natural features. He explains how the act became less significant as New Deal financing became available for the park system in the 1930s; how expansion and reorganization of the National Park Service brought more money and status to national monuments; and how, by the 1960s, national monuments had been integrated into the modern management system for park areas. Set in the context of the regulatory century, this book offers important new insights about how the American past has been preserved and packaged for the public.

This is a reconstruction of the trial where the Mashpee Indians claimed ownership of the area of Cape Cod that they have occupied for 350 years. Their claim was rejected as they were judged not to be a true tribe, having not survived as an ethnic identity.

"Land Use Regulation" is well worth reading and should be of interest and value to teachers of land use and urban analysis, planning practitioners, public officials involved in land use planning, citizen groups, and concerned individuals.

"Shirley F. Weiss, Professor of City and Regional Planning, University of North Carolina, Chapel Hill"

Since the early 1960s land use issues have become increasingly important in American society. Suburban communities have found themselves in the path of urban growth or have felt rapid growth pressure from within. How policy can be developed to cope with mounting land use problems, and the role that regulation has in this policy, is the topic of this unique new volume. "Land Use Regulation" offers both students and planners an interdisciplinary analysis of land use involving economics, public policy, and court rulings. It discusses how the implementation of land use policies, which are supported by economic theory, occurs through the political process which, in turn, is guided by the judiciary. Garrett challenges the widely held view in favor of a free market approach to land use. Because of the problems that rapid growth impose on a local governing body and the conflicts that arise between citizens, the governing body, and landlord-developers, Garrett asserts that optimal land use can best be achieved through a combination of the free market and careful planning.

In the 1870s Millicent Garrett Fawcett had her purse snatched by a young thief in London. When he appeared in court to testify, she heard the young man charged with 'stealing from the person of Millicent Fawcett a purse containing GBP1 18s 6d the property of Henry Fawcett.' Long after the episode she recalled: 'I felt as if I had been charged with theft myself.' The English common law which deprived married women of the right to own and control property had far-reaching consequences for the status of women not only in other areas of law and in family life but also in education, and employment, and public life. To win reform of the married women's property law, feminism as an organized movement appeared in the 1850s, and the final success of the campaigns for reform in 1882 was one of the greatest achievements of the Victorian women's movement. Dr Holcombe explores the story of the reform campaign in the context of its time, giving particular attention to the many important men and women who worked for reform and to the debates on the subject which contributed greatly to the formulation of a philosophy of feminism.

In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts' institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole "the consequences of court action under the Clean Air Act are neither random nor beneficial." He finds that "court action has encouraged legislators and administrators to establish goals without considering how they can be achieved," widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts' ability to handle regulatory cases.

''The housing crisis is just getting started,' warns Timperley in this important book.' - MARTIN CHILTON, THE INDEPENDENT 'An essential read about a broken housing market.' - PETER APPS, INSIDE HOUSING 'A lively account of arguably the country's biggest social and economic problem.' - MARTIN WOLF, FINANCIAL TIMES For millions of Britons renting a home privately is the only option. By 2025, more people are expected to rent than own their own homes. Even members of Generation Rent with good jobs and skills have been priced out of the property market. In this razor-sharp account of how a nation of homeowners gave way to a generation of insecure renters haemorrhaging cash, Chloe Timperley tackles the myths and mysteries belying so many attempts to 'fix' Britain's broken housing market. She reveals who's being shafted, who's cashing in - and the radical steps we must take to give everyone a good home, whether rented or owned. A fast-paced jaunt around both buying and renting in Britain, Generation Rent is the essential guide to the UK's ruinously expensive property market. Revealing how the UK came to have runaway house prices, Chloe Timperley dispels the notion held by some older people that the current generation of young people can't buy homes because they are feckless and squander their money on avocado toast. First, she charts the rise and fall of council housing. From the early 20th Century onwards, high-quality public sector homes provided plentiful affordable homes that mixed social groups well. Then Margaret Thatcher's Right to Buy sold off local authority housing and the number of council homes for rent crashed. Some council estates became known as 'sink estates', killing the municipal dream of post-war planners. As a result, from the 1980s onwards, more renters in Britain have come to rely on the private rental sector. Backed by generous incentives from successive governments, renting has become a lucrative form of investment and credit has boomed. Buy to Let pensioners and private equity companies have moved into the market, buying up and renting out houses and flats. Most would-be first-time buyers have been outcompeted and priced out. For those who can afford to buy, Generation Rent reveals that 'entering the kingdom of home ownership' may not be everything they expected, as a result of small properties and huge mortgages. In this concise book, Chloe Timperley tackles the surprising truth about housebuilding, including land agents, housebuilders' profits, and the leasehold trap. She delves deeply into the world of private rented accommodation. Like Tenants by Vicky Spratt, Generation Rent charts the real problems faced by ordinary tenants, from extortionate rents for fleapits to no-fault evictions. We hear from tenants on the end of harassment from landlords and landladies and who struggle to afford booming rents. And we get to know those who are about to lose their home through eviction and the causes and extent of homelessness. But we also hear about housing from the other side - from the small investors who have retreated into renting property amid successive pension scandals. To research the book, the author goes undercover at a Buy to Let conference and landlord seminars. Generation Rent is for anyone who wants to understand the reality of private renting and the practice and pitfalls of home buying. It's for anyone who wants to know why they can't afford to get on the 'housing ladder' and why rent eats up half their wages. And it reveals a way out of the mess, rooted in the work of economist Henry George. About the Author Chloe Timperley lives in Sheffield. For Generation Rent, she interviewed MPs, economists and activists, went undercover at a property investment conference, joined a tenants' union, and attended seminars on everything from ending homelessness to evicting tenants. Most importantly, she listened to the stories of hundreds of tenants.

This book, for the first time, sets out in comprehensive and accessible fashion the law on acquiring, surrendering and transferring ownership rights in goods and chattels. These are issues that have the potential to present themselves in contentious and non-contentious matters of various kinds, for example in the contexts of testamentary and lifetime gifts and the law of mixtures, finding and bailment. It will therefore be of interest to a broad range of practitioners, as well as academics with an interest in property.

The Coveted Westside explores the middle-class African American-led movement to challenge housing discrimination, gain equal access to twentieth-century Los Angeles, and ward off resegregation. Black professionals, from actors to entrepreneurs to doctors, made the city's distinguished neighborhoods of West Adams Heights in the 1940s and the Crenshaw area, View Park, View Heights, and Windsor Hillsin the postwar era hubs in the fight for fair housing.

For a country accustomed to counting its resources in millions, or even billions, the unit of measure is almost too small to be of interest. But during a lunch break one day, Robert E. Hardwicke asked of his colleagues in the Petroleum Administration for War why American oil is measured by the 42-gallon barrel and no other. Why not 30, 36, or an even 50? No one present had the answer, but a dozen years later, and after extensive research, Hardwicke produced the answer for himself and all others in and out of the oil industry.

This book is of more than ordinary significance, for it tends to consolidate, in interesting and easily understandable terms, the history and definitions, not only of the now-standard oil barrel but also of the units that make it up and the legal pitfalls connected with it. It is a story full of oil-drilling lore--about odd-sized barrels in wagons for transporting the newly discovered petroleum in Pennsylvania in 1859; about Benedict Hagan, who supplied many an empty whiskey barrel to the producers at Oil Run; about Nelly Bly, who is more redoubtable to the oil industry for having been the "mother of steel barrels" than for besting Phileas Fogg's time in circling the globe; about the scientific struggle for accuracy in gauging oil.

"The Oilman's Barrel" has important meaning for historians, metrologists, petroleum lawyers and executives, coopers, distillers, and the petroleum industry generally.