This book brings together a team of leading authorities on land law to analyse the key debates and policy issues in this area of the law, with the main chapters addressing proprietary and non-proprietary rights, registration, easements, leases, co-ownership and trusts, mortgages and land law and human rights. Many of the policies and assumptions which underlie land law have immense significance in economic, social and emotional terms upon individuals lives. This book set out to analyse the current tensions within land law, such as the conflicting needs for certainty and fairness, and the difficult balance which has to be drawn between protecting existing property rights and simplifying conveyancing to ensure the easy transfer of land. Particular attention is paid to the likely impact of the Human Rights Act. Land Law: issues, debates, policy will be essential reading for students, practitioners and others seeking an understanding of the key issues and debates surrounding this area of the law.

Contents:
Foreword by Sir Joseph Dwyer FREng

"Property Rights: From Magna Carta to the Fourteenth Amendment" breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters.

Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.

The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.

Discusses the legal principles governing dilapidated premises. This book examines the express implied and statutory repairing obligations of landlord and tenants. It looks at the remedies which are available to both parties to a lease if a repairing obligation is broken. It is useful for both professionals and students in the dilapidations field.

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

This fully revised and updated edition of Construction Contracts: Questions and Answers includes 300 questions and incorporates 42 new judicial decisions, the JCT 2016 updates and the RIBA Building Contracts and Professional Services Contracts 2018 updates. Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of previous editions, David Chappell continues to provide answers to real-world FAQs from his experience as consultant and Specialist Advisor to the RIBA. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects' instructions, adjudication and fees. Every question included has been asked of David Chappell during his career and his answers are authoritative but written as briefly and simply as possible. Legal language is avoided but legal cases are given to enable anyone interested to read more deeply into the reasoning behind the answers. This is not only a useful reference for architects, project managers, quantity surveyors and lawyers, but also a useful student resource to stimulate interesting discussions about real-world construction contract issues.

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Controlling Pollution in Transition Economies examines and evaluates the recent experience of implementing pollution charges and the use of environmental permits in Central and Eastern Europe and Russia.The book focuses on controlling point-source air and water pollution. It describes and analyses the experience of implementing pollution charges and fines, and the interactions of these fiscal instruments with systems of pollution permits. The ten country case studies have been written by specialists who have been or are actively involved with the development or revision of pollution charges. Based on the experience of these countries, general conclusions are drawn for implementing pollution charge systems in other contexts. This book will encourage new theoretical and empirical work on the problem of implementing economic instruments (pollution charges), in combination with 'command-and-control' instruments (pollution permits). Practitioners and policy analysts as well as graduate students, academics, researchers and environmental consultants will find this book an important contribution to the existing literature.

Psychodynamic Psychotherapy is the first book designed to teach therapists how to listen and intervene from multiple perspectives. Through study and analysis of session transcripts, the reader learns how to listen and formulate interpretations from four different perspectives: reflection, analysis of conflict, analysis of transference, and analysis of defense. Each listening approach is introduced with a brief chapter illustrating the rules of intervention followed by therapy transcripts, which the reader studies and analyzes. By studying the transcripts, answering the questions in the material, and comparing his answers with those provided by the author, the reader will learn how to reflect, analyze conflict, interpret the transference, and analyze the defenses.
Beginning therapists can use this book to acquire listening and intervention skills. Advanced therapists will enjoy studying and comparing listening approaches from a meta-theoretical perspective. Psychodynamic Psychotherapy provides a framework for studying how each approach focuses on a different analytic surface, and uses different rules for timing and content of interpretation.

Timely and accessible, this is the only available comprehensive review of the goals, operation, and history of the U.S. antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round World.

Mastel, a former congressional adviser to U.S. trade negotiators, brings a unique expertise to the subject, having been involved in the creation and the analysis of the laws. He brings fact to bear on the sometimes heated debate over the merits of antidumping laws and the impact of the Uruguay Round upon U.S. antidumping laws.

Thoroughly documented, the book features charts and international case studies (including the steel, electronics, ball beatings, cement, and agricultural products industries) the at resent the historical and economic record of U.S. antidumping laws. In addition, the complete text of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 is conveniently reproduced in the appendix.

This volume reviews the goals, operation, and history of American antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round GATT talks.

The Definitive Guide to Valuing Hard-to-Value Companies: Fully Revised for Today's Financial Markets Valuing money-making companies that have long histories and established business models is straightforward. It is when you encounter difficult-to-value companies that you feel the urge to go over to the dark side of valuation-where you abandon first principles and create new metrics. Aswath Damodaran looks at a range of these companies, from start-ups in new businesses to distressed companies, from banks facing regulatory turmoil to commodity firms, and from emerging market upstarts to multinationals that spread across geographies and businesses. With each grouping, he helps you examine the call of the dark side and its practices and frameworks to value these firms. To answer these questions, Aswath looks at companies across the life cycle and in different markets, from Uber and Shake Shack at one end of the spectrum to Vale, Royal Dutch, and United Technologies at the other end. In the process, you learn how to Deal with "abnormally low" and negative risk-free rates in valuation Adapt to dynamic and changing risk premiums Value young companies that are disrupting existing businesses Analyze commodity and cyclical companies across cycles Value a company as the sum of its parts or as an aggregation of its users/subscribers and customers Determine the difference between pricing and valuation, and why some investments can only be priced

Quotas have been used in international environmental agreements for at least a century and, in tandem with incentive approaches, should continue to be crucial to realizing a sustainable environment. This text is a critical examination of quotas both as regulatory tools and as products of negotiation. It reviews the main features of environmental problems, the regulatory options and criteria used to judge them, and the various ways of explaining negotiated outcomes. Quotas in the management of fisheries, other resources, freshwater and marine pollution, and air pollution are also described. Selected examples are considered in detail to provide an understanding of how quotas were developed in scientific, political, economic and social context. An assessment of the key features of quotas in practice leads to the identification of an emerging approach, the negotiation of constrained local quotas. The approach is a practical way to balance efficiency and fairness in complex negotiations, without sacrificing environmental effectiveness.

This text provides an analysis of the EPA enforcement of the Clean Water Act and its amendments. The book uses extensive EPA data, including a survey of the EPA and state level environmental officials, to examine enforcement from the perspective of the enforcement personnel.

This text provides an analysis of the EPA enforcement of the Clean Water Act and its amendments. The book uses extensive EPA data, including a survey of the EPA and state level environmental officials, to examine enforcement from the perspective of the enforcement personnel.

Law and Policy in Modern Family Finance - Property Division in the 21st Century adopts a conceptual approach to address key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. These questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down.The authors use New Zealand's current legislative framework as a basis for critical analysis and reflection. Despite New Zealand's Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is concern in New Zealand that its property sharing regime no longer meets society's needs and expectations. However, issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems, including Australia, England and some continental European countries.The inclusion of internationally recognised relationship property experts from England, Australia and Germany ensures the utility of the book for international audiences, making it of interest to law reformers, academics, the judiciary, the legal profession, and law students everywhere in the world.

In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order. Dietze examines property rights within the general, civil rights complex and concludes that property rights, as the oldest officially recognized human right, must be considered on par with rights that came later. Following comments on the strong position of property rights in antiquity and the Enlightenment, In Defense of Property concentrates on developments in France, Germany, and the United States since the eighteenth century. Dietze describes the high degree of protection given to private property during the nineteenth century and the decline of that protection later. Dietze points out the risks of the decline of property rights and suggests ways to stop it. Originally published in 1963 by Henry Regnery Co.

This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.

Amid all the laws and regulations on environmental protection and worker safety, what is the responsible business or landowner to do? What should the responsible consultant advise? Environmental Law and Enforcement provides you with a practical guide that takes the mystery out of environmental law and related land use controls.
The author provides a synopsis of major environmental topics from A to Z and features citations to the major federal statutes in the United States Code (USC) and the Code of Federal Regulations (CFR) so you can easily find governing statutes and regulations. Special sections discuss the use of experts in case preparation and how to be an effective case witness. A checklist for compliance with the National Environmental Policy Act is included. The book covers strategies to cope with landowner liability for hazardous waste, consultant liability for mistakes in hazardous waste site assessments, and guidelines for emergency managers to minimize legal liability. The section on insurance liability provides practical approaches to dealing with insurance companies on hazardous waste claims.
The successful organization will manage for environmental protection as a corporate goal, and consequently stays ahead of new government requirements-away from lawyers and lawsuits-and ahead of the competition. Environmental Law and Enforcement gives you the tools you need to achieve this mission.

Vacant possession is an element of property law that ensures a property is left in good condition when it changes hands. Every time a property is sold, or if tenants move out of rented property, vacant possession is unavoidable; a vital part of the job of any property lawyer or surveyor. Yet this is the first book to look at this area in depth. If a property professional understands vacant possession they can make sure their cases move quickly and complete at a time that suits them. If they do not, they are vulnerable to others who know it better and can use the law to frustrate proceedings for months or even years while their clients continue to pay money on rent or mortgage payments for properties they're not using. This book is essential reading for all property lawyers and surveyors. It is destined to be the definitive guide to vacant possession.

Inspecting and Diagnosing Disrepair provides housing officers, surveyors, landlords, tenants, lawyers and environmental health inspectors with the essential information they need to record, diagnose and remedy disrepair. Pat Reddin presents technical information methodically, including useful diagrams to help readers to develop an understanding of building materials and structures and to advise and take action on disrepair. The book is fully up to date with the latest legislation and is essential reading for environmental health professionals, surveyors and students alike.

The Rating and Council Tax Pocket Book is a concise, practical guide to the legal and practical issues surrounding non-domestic rates and council tax. An essential tool for busy tax collection practitioners in local authorities and private practice, it will also be suitable for a range of non-specialist property professionals who may have to deal with rates and council tax matters as part of their practice. This handy pocket guide is accessible to specialist and non-specialist alike, covering everything from key concepts through to liability, exemptions, procedure and completion notices. The book encompasses both English and Welsh law, and includes all the relevant statutory provisions. With detailed discussion of key cases, this is a book that no one with an interest in rating and council tax should be without.

Enforcing Covenants focuses on the measures which managers of residential leasehold property can deploy to encourage leaseholders and other parties to abide by their contractual obligations with a view to achieving the most effective management of their estates and developments. In particular, the book concentrates on the changes to the law introduced by the Commonhold and Leasehold Reform Act 2002. Enforcing obligations in leases has never been easy, and the 2002 Act has made it even more onerous for the hard pressed property manager. Very few will be able to avoid having to take enforcement action, especially when bringing in the funds to make management feasible. Subjects examined in this book include: the new rules on forfeiture the new rules on ground rents service charge recovery enforcing county court judgments the new procedures and jurisdictions of the Leasehold Valuation Tribunals enforcing repairs neighbour disputes and nuisance cases injunctions and specific performance costs and administration charges alternative dispute resolution. Enforcing Covenants is essential reading for anyone involved in the management of property, whether they be professionals or lay directors of residents management companies. As well as examining the relevant law and decisions of the Leasehold Valuation Tribunals, the book provides much practical guidance on rules and procedures, illustrated by precedent forms and notices and backed up by some light-hearted case studies.

First Published in 2001. Routledge is an imprint of Taylor and Francis, an informa company.

In eighteenth-century England, the law surrounding vagrancy was complicated, and practice stood in complex relationship to law. Drawing on extensive archival research and in-depth study of both statute law and local administrative records, this book examines the complexities of vagrancy law and the realities of its practice during the long eighteenth century. It shows how settlement law and poor law provision failed to address both the changing demographic situation and the impact of wars, leaving significant numbers without support. Focusing on the 1744 Vagrant Act, the study traces how and why the law evolved, from 1700 when vagrancy was first made a county charge, and what changes followed in the late eighteenth and early nineteenth centuries. It explores how vagrancy law was used and to what effect, how it was extended and adapted to plug gaps in both poor law provision and in dealing with petty crime not covered by statute law, and how law and practice intersected with social reality. Using the Quarter Sessions records of six counties: Westmorland, Cambridgeshire, Dorset, Hampshire, Lancashire and Middlesex, the book is able to give the first account of vagrancy law in provincial England, rather than focusing on metropolitan areas, thus also demonstrating the tensions between parishes, justices and counties over the use of law and its financial impact. By detailed reference to cases of individual vagrants, the book also shows what sorts of people were dealt with under vagrancy law, what happened to them, and how and why the justices discriminated between the unfortunate and the criminal elements among them. This analysis reveals the principal causes of the vagrancy problems and the misfit between the law and social reality, with particular emphasis on the impact of wars and immigration from Ireland and Scotland. As the first full-length study of vagrancy law and practice in the eighteenth century, this book will constitute an essential item in any collection of books on the old poor law.