Evictions in the UK examines the relationships between tenants, landlords, housing providers and government agencies and the tensions and conflicts that characterise these relations. The book shows how power dynamics are being reconfigured in the post-welfare context of the first quarter of the 21st century, as evictions for rent arrears are becoming one of the most significant threats to both the wellbeing of the social housing sector and the welfare of its tenants. Embracing both practical and critical approaches, this book offers a comprehensive understanding of the contradictory and thus controversial issue of evictions. It explores the range of perspectives involved in the practice - landlords carrying out evictions, those agencies providing legal assistance to evictees, as well as academics and institutions charged with researching and regulating the process. Drawing on three case studies relating to evictions across Scotland and England, this book provides a comprehensive look at the punitive consequences of poverty (evictions for rent arrears) and status (evictions under immigration law) that are applicable to social housing systems worldwide. Based on original, primary-source data, this book will be a key resource for academics and students as well as policy makers and practitioners in the fields of housing studies, planning, social welfare, and political sociology.

Ideal for students taking law modules on construction, surveying, real estate, planning and civil engineering courses, Galbraith's Construction and Land Management Law for Students is an excellent overview of the key legal issues in the built environment. Clearly written and with wide ranging coverage of key legal principles, this textbook highlights the need for students on built environment related courses to access information on how the law relates to their profession, without getting into the heavy detail of the full-scale legal texts. Chapters provide the background to the English legal system before covering key topics such as contract law, tort, health and safety, land law, planning, landlord and tenant, dispute resolution and employment law. All chapters in this seventh edition have been updated with new case law along with statutory and regulatory changes. The improvements include: A new chapter on environmental law An explanation of the new UK/EU relationship following Brexit Details of current JCT 2016 and NEC4 construction contracts Changes to landlords' requirements on letting property The Consumer Rights Act 2015 The Localism Act 2011 The Construction (Design and Management) Regulations 2015

The first book to tell the complete story of the American attempt at restitution for victims of the Holocaust The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in today's dollars), from the Jews of Europe. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of art-first by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system. Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them. The unique features of the American system of justice-which allowed it to handle claims that originated over fifty years ago and in another part of the world-made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers, Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored. For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banks' attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War II-including American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds. With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage.

Reveals the impact of Tanzania's land law reforms and the ways in which women's rights to land ownership have been overridden in spite of law. Recent decades have seen a wave of land law reforms across Africa, in the context of a "land rush" and land-grabbing. But how has this been enacted on the ground and, in particular, how have women experienced this? This book seeksto re-orientate current debates on women's land rights towards a focus on the law in action. Drawing on the author's ethnographic research in the Arusha region of Tanzania, it explores how the country's land law reforms have impacted on women's legal claims to land. Centring on cases involving women litigants, the book considers the extent to which women are realising their interests in land through land courts and follows the progression of women's claims to land - from their social origins through processes of dispute resolution to judgment. Dancer's work explores three central issues. First, it considers the nature of women's claims to land in Tanzanian family contexts,the value of land in an era of land reform and the 'land rush' across Africa, and the extent to which the social issues raised are addressed by Tanzania's current laws and legal system. Secondly, it examines how agency and power relations between social and legal actors engaged in legal processes affect women's access to justice and the progression of claims. Thirdly, it explores Tanzanian concepts of justice and rights and how women's claims have been judged by land courts in practice. Helen Dancer is a lecturer in Law at the University of Brighton. She practised as a barrister in England specialising in family legal aid cases prior to training as a legal anthropologist. She is also a consultant for Future Agricultures at IDS, University of Sussex. Her areas of research interest include law and development, gender and land, and human rights and legal pluralism.

Economic Incentives are playing an increasingly important role in pollution control.This authoritative collection - edited by leading contributors to the field - presents the most important published work on the legal and economic instruments and institutions which have been used during the last thirty years to control pollution. The papers focus on issues of instrument design, implementation, enforcement and evaluation, and consider strategies for coping with uncertainty and 'second-best' situations.

Exploring the little-known history behind the legal doctrine of prior appropriation-"first in time is first in right"-used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines-a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.

This book examines the land question in neoliberal India based on a cohesive framework focusing on socio-legal and judicial interactions in a point of departure from the political-economy approach to land issues. It sheds light on several complex aspects of land matters in India and evolves a critical and multi-dimensional discourse by mapping out exchanges between social and political actors, the State, elites, citizenry, and the legal battle or judicial interpretations on land as right to property. Based on the themes of socio-legal policy and perspective on 'land' on the one hand and jurisprudence on the land question on the other, the volume discusses topics such as conclusive land titling; urban land governance; governance of forest land; land-leasing practices, policies, and interventions from the perspective of women; land acquisition policies and laws; how land matters interface with environmental issues; and judicial debates on 'compensation' against land acquisitions. It covers a wide range of case studies from all over India by bringing together specialists from across backgrounds. Comprehensive and topical, this book will be useful to scholars and researchers of development studies, political studies, law, sociology, political economy, and public policy, as well as to professionals in NGOs, civil society organisations, think tanks, planning and public administration, lawyers, civil services and training institutes, and judicial and forest academies. Those working on rural and urban land issues in India, land management, land governance, environmental laws and governance, property rights, resource conflicts, social work, and rural development will find this book to be of special interest.

Property: Values and Institutions, by Hanoch Dagan, offers an original understanding of property, different from the dominant voices in the field, yet loyal to the practice of property. It rejects the misleading dominant binarism in which property is either one monistic form, structured around Blackstone's (in)famous formula of sole and despotic dominion, or a formless bundle of rights. Instead, it conceptualizes property as an umbrella for a set of institutions bearing a mutual family resemblance. It resists the prevailing tendency to discuss property through the prism of only one particular value, notably efficiency. Dagan argues that property can, and should, serve a pluralistic set of liberal values. These property values include not only autonomy and utility, which are emphasized by many contemporary scholars, but also labor, personhood, community, and distributive justice.
Dagan claims that property law, at least at its best, tailors different configurations of entitlements to different property institutions, with each such institution designed to match the specific balance between property values best suited to its characteristic social setting. Dagan develops this theoretical account and applies it to key doctrinal contexts. In particular, he analyzes the normative underpinnings of the doctrines regulating the interactions between landowners and governments (both eminent domain and regulatory takings doctrines) and those regulating the governance of property owned by multiple owners (such as co-ownership, marital property, and the law of common interest communities).

This title was first published in 2003.Justice, Humanity and the New World Order offers a refreshing analysis of current jurisprudential concerns regarding the new world order, by examining them in the intellectual context of the late eighteenth-century Enlightenment. After setting the historical context, the author investigates aspects of Enlightenment political culture as well as aspects of the new world order, including international relations, the European Union and human rights. In conclusion, the author introduces the concept of a new humanism, which he suggests, drawing on certain aspects of Enlightenment political philosophy, can complement the new world order.

Originally published in 1994, Urban Land and Property Markets in the United Kingdom, adopts a perspective that encompasses the distinctive nature of the legal framework, land law, property market and procedures of Scotland, England and Wales. The book provides detailed accounts of the structure of property, planning and tax law governing urban land and property markets, registration procedures and transactions charges, market processes and how they all work in practice. The book is based on a report commissioned by the German Federal Government as part of a five-country study completed in 1991.

Drawing on politics, religion, law, literature, and philosophy, this interdisciplinary study is a sequel to Mark Fortier's bookThe Culture of Equity in Early Modern England (Ashgate, 2006). The earlier volume traced the meanings and usage of equity in broad cultural terms (including but not limited to law) to position equity as a keyword of valuation, persuasion, and understanding; the present volume carries that work through the Restoration and eighteenth century in Britain and America. Fortier argues that equity continued to be a keyword, used and contested in many of the major social and political events of the period. Further, he argues that equity needs to be seen in this period largely outside the Aristotelian parameters that have generally been assumed in scholarship on equity.

This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property.

This book provides everyone associated with mixed use buildings with clarity of information in understanding the key laws. It includes a detailed overview of tenants' rights of first refusal under the 1987 act and tenants' rights of collective enfranchisement under the Leasehold Reform.

Quality is a vital issue to be addressed by all constuction professionals working in Europe today. This book provides clear, concise guidance to the making and use of codes, regulations and technical specifications in Europe.

"A must-read for anyone interested in solutions to America's housing crisis."-Matthew Desmond, Pulitzer Prize-winning author of Evicted: Poverty and Profit in the American City An in-depth look at America's largest rental assistance program and how it shapes the lives of residents in one low-income Baltimore neighborhood Housing vouchers are a cornerstone of US federal housing policy, offering aid to more than two million households. Vouchers are meant to provide the poor with increased choice in the private rental marketplace, enabling access to safe neighborhoods with good schools and higher-paying jobs. But do they? The Voucher Promise examines the Housing Choice Voucher Program, colloquially known as "Section 8," and how it shapes the lives of families living in a Baltimore neighborhood called Park Heights. Eva Rosen tells stories about the daily lives of homeowners, voucher holders, renters who receive no housing assistance, and the landlords who provide housing. While vouchers are a powerful tool with great promise, she demonstrates how the housing policy can replicate the very inequalities it has the power to solve. Rosen spent more than a year living in Park Heights, sitting on front stoops, getting to know families, accompanying them on housing searches, speaking to landlords, and learning about the neighborhood's history. Voucher holders disproportionately end up in this area despite rampant unemployment, drugs, crime, and abandoned housing. Exploring why they are unable to relocate to other neighborhoods, Rosen illustrates the challenges in obtaining vouchers and the difficulties faced by recipients in using them when and where they want to. Yet, despite the program's real shortcomings, she argues that vouchers offer basic stability for families and should remain integral to solutions for the nation's housing crisis. Delving into the connections between safe, affordable housing and social mobility, The Voucher Promise investigates the profound benefits and formidable obstacles involved in housing America's poor.

Property is a complex phenomenon comprising cultural, social, and legal rules. During the twentieth century, property rights in land suffered massive interference in Central and Eastern Europe. The promise of universal and formally equal rights of land ownership, ensuring predictability of social processes and individual autonomy, was largely not fulfilled. The national appropriation of property in the interwar period and the communist era represent an onerous legacy for the postcommunist (re)construction of a liberal-individualist property regime. However, as the scholars in this collection show, after the demise of communism in Eastern Europe property is again a major factor in shaping individual identity and in providing the political order and culture with a foundational institution. This volume analyzes both historical and contemporary forms of land ownership in Poland, Romania, and Yugoslavia in a multidisciplinary framework including economic history, legal and political studies, and social anthropology.

Frankfurt am Main, in common with other imperial German cities, enjoyed a large degree of legal autonomy during the early modern period, and produced a unique and rich body of criminal archives. In particular, Frankfurt's Strafenbuch, which records all criminal sentences between 1562 and 1696, provides a fascinating insight into contemporary penal trends. Drawing on this and other rich resources, Dr. Boes reveals shifting and fluid attitudes towards crime and punishment and how these were conditioned by issues of gender, class, and social standing within the city's establishment. She attributes a significant role in this process to the steady proliferation of municipal advocates, jurists trained in Roman Law, who wielded growing legal and penal prerogatives. Over the course of the book, it is demonstrated how the courts took an increasingly hard line with select groups of people accused of criminal behavior, and the open manner with which advocates exercised cultural, religious, racial, gender, and sexual-orientation repressions. Parallel with this, however, is identified a trend of marked leniency towards soldiers who enjoyed an increasingly privileged place within the judicial system. In light of this discrepancy between the treatment of civilians and soldiers, the advocates' actions highlight the emergence and spread of a distinct military judicial culture and Frankfurt's city council's contribution to the quasi-militarization of a civilian court. By highlighting the polarized and changing ways the courts dealt with civilian and military criminals, a fuller picture is presented not just of Frankfurt's sentencing and penal practices, but of broader attitudes within early modern Germany to issues of social position and cultural identity.

Winner of the 2019 Francis Lieber Prize Recognizing an Exceptional Published Book in the Field of the Law of Armed Conflict This book examines how the Israeli High Court of Justice (HCJ) has interpreted and applied international law principles in adjudicating petitions filed by Palestinians. The research focuses on HCJ judgments that have been rendered since the outbreak of the Second Intifada (2000) in relation to petitions challenging the legality of measures implemented by various Israeli governments and military authorities for the professed need of enhancing the security of Israeli settlements and settlers in the occupied West Bank. It discusses to what extent the HCJ provides a venue for an effective domestic remedy for alleged violations of the Palestinians' internationally protected rights. It further analyses the judgments of the Court seeking to demonstrate why it appears to show a preference for invoking principles of Israeli administrative and constitutional law, thereby promoting the domestic rather than international Rule of Law. Although the jurisprudence of the HCJ has often been hailed as that of an 'activist' court, the analysis of petitions adjudicated by the Court between 2000 and 2014 illustrates why its approach is ill-suited to a situation of prolonged military occupation. Finally, the book evaluates what impact the Court's adjudication, reasoning and interpretation has on the normative coherence of the international law of belligerent occupation.

The growing field of urban law demands a collaborative scholarly focus on comparative and global perspectives. This volume offers diverse insights into urban law, with emerging theories and analyses of topics ranging from criminal reform and urban housing, to social and economic inequality and financial crises, and democratization and freedom for individual identity and space. Particularly now, social, economic, and cultural issues must be closely examined in conjunction with the rule of law not only to address inadequate access to basic services, but also to construct long-term plans for our cities and our world-a bright, safe future.

Recent rapid housing market expansion in China is presenting new challenges for policy makers, planners, business people, and citizens. Now that housing in middle-income China is driven by consumer choices and is no longer dominated by state policy decisions, housing policy issues in Chinese cities are becoming increasingly similar to those encountered in other global housing markets. With soaring prices and imbalances in housing supply favoring high income groups and housing demand driven by rising inequality in household incomes, many middle and lower-income households face worsening choices in terms of the quality and location of their housing as well as greater financial difficulties, which together can have negative implications for standards of public health. This book examines the impact of these changes on the general population, as well as on aspiring homeowners and developers. The contributors look at the effect on the widening of wealth gaps, slower economic growth, and threats to political and social stability. Though focusing on China, the editors also present discussions of specific policy design challenges encountered in Australia, Japan, Korea, the Netherlands, the Nordic countries, Singapore, Taiwan, the UK, and the US. This book would be of interest to housing policy makers, as well as academics who are studying the social and political effects of the Chinese housing market.

Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Hacker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.

Property relations are such a common feature of social life that the complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly are often forgotten. But we are quickly reminded of this complexity when conflict over property erupts. When social actors confront a property regime - for example by squatting - they enact what can be called 'contested property claims'. As this book demonstrates, these confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series of case studies from across the globe, this multidisciplinary anthology brings together works from anthropologists, legal scholars, and geographers, who show how exploring contested property claims offers a privileged window onto how property regimes function, as well as an illustration of the many ways that the institution of property shapes power relationships today.

This multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world.