"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.

Contents:
Foreword by Sir Joseph Dwyer FREng

Bringing together the current international body of knowledge on key issues for educating for well-being in law, this book offers comparative perspectives across jurisdictions, and utilises a range of theoretical lenses (including socio-legal, psychological and ethical theories) in analysing well-being and legal education in law. The chapters include innovative and tested research methodologies and strategies for educating for well-being. Asking and answering the question as to whether law is special in terms of producing psychological distress in law students, law teachers and the profession, and bringing together common and opposing perspectives, this book also seeks to highlight excellent practice in promoting a positive professional identity at law school and beyond resulting in an original contribution to knowledge, and new discourses of analysis.

This book provides an original introduction to the general principles of property law in England. Moving away from a compartmentalised approach to the study of law, the book allows the student to examine and understand the basic premise and idea of property, the law and its associated concepts. This book adds weight to the trend towards the teaching of general principles before the specific aspects of property law.

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.

Exploring the boundaries of the law as they existed in medieval and early modern times and as they have been perceived by historians, this volume offers a wide ranging insight into a key aspect of European society. Alongside, and inexorably linked with, the ecclesiastical establishment, the law was one of the main social bonds that shaped and directed the interactions of day-to-day life. Posing fascinating conceptual and methodological questions that challenge existing perceptions of the parameters of the law, the essays in this book look especially at the gender divide and conflicts of jurisdiction within an historical context. In addition to seeking to understand the discrete categories into which types of law and legal rules are sometimes placed, consideration is given to the traversing of boundaries, to the overlaps between jurisdictions, and between custom(s) and law(s). In so doing it shows how law has been artificially compartmentalised by historians and lawyers alike, and how existing perceptions have been conditioned by particular approaches to the sources. It also reveals in certain case studies how the sources themselves (and attitudes towards them) have determined the limitations of historical enterprise. Adopting an interdisciplinary approach to the subject, the contributors demonstrate the fruitfulness of examining the interfaces of apparently diverse disciplines. Making fresh connections across subject areas, they examine, for example, the role of geography in determining litigation strategies, how the law interacted with social and theological issues and how fact and fiction could intertwine to promote notions of justice and public order. The main focus of the volume is upon England, but includes useful comparative papers concerning France, Flanders and Sweden. The contributors are a mixture of young and established scholars from Europe and North America offering a new and revisionist perspective on the operation of law in the medieval and early modern periods.

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

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

The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation's interpretation and application has since generated many unanticipated problems which demand attention. In this book's twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.

This book demonstrates the importance of Leon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit's seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide - if un-attributed and seldom regarded - influence in the common law tradition and theory of property.

State-by-state listings and explanations of municipal landscape ordinances

In U.S. Landscape Ordinances, Buck Abbey furnishes landscape architects, planners, land-use attorneys, and students with a much-needed resource. This state-by-state presentation demystifies the complex planning laws and ordinances that determine landscape design parameters for more than 300 American cities. The author highlights sections of each ordinance that pertain to landscape architecture, boils the legalese down to plain English, explains the law's main purpose and regulatory function, and spells out the practical implications from a design perspective.

With the help of more than fifty diagrams and drawings that clarify complex spatial concepts, U.S. Landscape Ordinances reviews the entire spectrum of green laws currently on the books, including ordinances that cover:

• Parking lots and vehicular use areas
• Landscape buffers and screens
• Street tree plantings
• Open space design
• Irrigation
• Land clearing and building sites

The product of ten years of painstaking research and analysis, U.S. Landscape Ordinances is a unique and invaluable tool for professionals in landscape design and municipal planning. It also offers a deep reservoir of information for students, municipal legislators, community activists, and anyone interested in understanding or developing a community's landscape ordinances.

This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of "nature" as "property" and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.

First published in 1998, this text is the prefatory first part of Austin's Lectures on Jurisprudence or the Philosophy of Positive Laws and first appeared separately from the Lectures in 1832. This volume reproduces the standard text of The Province from Robert Campbell's fifth edition, published in 1885, and clarifies the structure and readability of the text, retaining Austin's 'Analysis' as a whole at the start of the book. John Austin (1790-1859) was the first professor of jurisprudence at the University of London, which is now University College. His classic, The Province of Jurisprudence Determined, was derived from his course lectures. Austin took great pride in his ability to clearly delineate the study of law. Austin took a surgical approach and created a stripped down view of material central to the study of law. While this approach overlooks the ambiguity inherent in interpretations of law, it nevertheless stands as a landmark work and provides an excellent starting point for any deeper inquiry into the subject of jurisprudence.

Moving Ahead with ISO 14000 addresses environmental quality management standards from the business manager's point of view. It examines the costs and benefits of conformance in terms of competitiveness, market share, and return on investment. Numerous case studies describe how other companies are responding to the new standards and help companies benchmark how close their own operations are to conformance.
Moving Ahead with ISO 14000 also helps business managers answer the following questions:
* How are businesses around the world responding to ISO 14000?
* Should our firm bother to seek ISO 14000 registration?
* What are the business benefits of ISO 14000?
* What does it take to comply with ISO 14000?
* Does ISO matter to our customers?
* Will these new standards help improve operations or bog them down in paperwork?
* Can a company adhere to the new standards and develop a competitive advantage at the same time?
* Should we self-certify?
* Can we integrate ISO 14000 with our current environmental management policies and resources?

With the release of the final series of international environmental quality management standards, thousands of companies worldwide are poised to jump onto the ISO 14000 bandwagon. But responsible managers need to answer a number of serious questions before investing in and launching such a major undertaking: What does it take to conform with ISO 14000? Will the benefits justify the costs? Does ISO 14000 conformance matter to our customers? Will it help increase our market share?
In Moving Ahead with ISO 14000 more than 30 leading environmental management authorities answer these questions and many more with a keen eye on business performance relative to the global goal of sustainability. These experts offer timely insights, case studies of leading-edge companies, and essential guidance to help companies ensure that improvements in environmental performance are accompanied by enhanced trade opportunities. They look at the standards from a management perspective and focus on five major aspects of ISO 14000, including
* Responding to the new standards from a global business perspective
* Integrating environmental factors and investment decisions
* Optimizing resources to make conformance cost-effective
* Leveraging current resources and systems to maximize return on the ISO 14000 investment
* Crafting new tools for business and environmental decisionmaking.

A special section on life cycle assessment (LCA) surveys current LCA use in large corporations, compares its use in Japan to that in the United States, demonstrates market applications of LCA, and presents a case study of life cycle management at Chrysler Corporation.
For environmental managers, EH&S professionals, senior corporate managers, and government policymakers, this book is not just another introduction to ISO 14000 but the ultimate guide for coping with the critical business issues that must be faced before sustainability can become a global reality.

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.

Following the introduction of the uniform business rate in 1990, local property taxation changed dramatically, whilst retaining many of its historical and familiar characteristics. Rating Law and Valuation details the existing, non-domestic rating system from the principles of rate liability and the definition of hereditament, the rateable value, to the procedure for compiling and altering the rating lists. The book also discusses how the methods of valuation are used by rating valuers to produce rateable values for the more common property types. The text concludes with a similar treatment of Council Tax which is levied on domestic property. Rating Law and Valuation is written primarily for those studying property valuation as part of their course, and is an indispensible reference book for those taking professional courses of The Royal Institution of Chartered Surveyors (RICS), Incorporated Society of Valuers and Auctioneers (ISVA), and Institute of Revenue and Rating Valuation (IRRV). It is also a useful resource for practitioners who are required to deal with rating law and valuation but who do not do so on a regular basis.

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.

Published in 1999. Questions of human rights, changes in social structures, economic climates and technological developments all impact on property law. This edited collection provides an in-depth analysis of present law and practical proposals for the future, written by the foremost international figures in the field from a variety of theoretical and professional backgrounds.

This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan's contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he was involved: including those of land law, urban planning law and policy, land use and participation in developing countries, democratic constitutionalism, and legal education. The essays present McAuslan's contributions in the contexts in which they emerged, and according to both the circumstances and motivations that shaped them, as well as the challenges they encountered. It thus provides an ideal point of engagement for scholars, students and policy makers that have already interacted with McAuslan's ideas and work, or who have yet to do so.

Since the 1980s the "institutional" lease has undergone a dramatic transformation. Landlord-orientated FRI leases for a term of twenty-five years with no breaks and upwards-only rent reviews have retreated before market demands for shorter, more flexible letting arrangements and, recently, in the face of threatened legislation. Nevertheless, valuers and lawyers will have to understand and deal with the 1980s leases until well into the second decade of the twnety-first century.The book sets out to explain the main changes that have occurred since the early 1990s (such as the rules relating to privity of contract). It also provides guidance on the factors driving further change, including the Code of Practice for Commercial Leases and the proposed new accounting standards.

Scholarly interest in the history of crime has grown dramatically in recent years and, because scholars associated with this work have relied on a broad social definition of crime which includes acts that are against the law as well as acts of social banditry and political rebellion, crime history has become a major aspect not only of social history, but also of cultural as well as legal studies. This collection explores how the history of crime provides a way to study time, place and culture. Adopting an international and interdisciplinary perspective to investigate the historical discourses of crime in Europe and the United States from the sixteenth to the late twentieth century, these original works provide new approaches to understanding the meaning of crime in modern western culture and underscore the new importance given to crime and criminal events in historical studies. Written by both well-known historians and younger scholars from across the globe, the essays reveal that there are important continuities in the history of crime and its representations in modern culture, despite particularities of time and place.

Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to help you aim higher in essays and exams Understand and remember the law: using diagrams as overviews for each answer to demonstrate how the law fits together The series is also supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus QandAs and podcasts. www.routledge.com/cw/revision

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.