The landmark Supreme Court property rights decision by the man who won it. A truly significant event in the defense of property rights, told informatively and entertainingly.
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
The first Earth Day in 1970 marked environmentalism’s coming-of-age in the United States. More than four decades later, does the green movement remain a transformative force in American life? Presenting a new account from a legal perspective, Environment in the Balance interprets a wide range of U.S. Supreme Court decisions, along with social science research and the literature of the movement, to gauge the practical and cultural impact of environmentalism and its future prospects. Jonathan Z. Cannon demonstrates that from the 1960s onward, the Court’s rulings on such legal issues as federalism, landowners’ rights, standing, and the scope of regulatory authority have reflected deep-seated cultural differences brought out by the mass movement to protect the environment. In the early years, environmentalists won some important victories, such as the Supreme Court’s 1973 decision allowing them to sue against barriers to recycling. But over time the Court has become more skeptical of their claims and more solicitous of values embodied in private property rights, technological mastery and economic growth, and limited government. Today, facing the looming threat of global warming, environmentalists struggle to break through a cultural stalemate that threatens their goals. Cannon describes the current ferment in the movement, and chronicles efforts to broaden its cultural appeal while staying connected to its historical roots, and to ideas of nature that have been the source of its distinctive energy and purpose.
Offering broad national coverage on an array of topics, Natural Resources Law, Fourth Edition conveys the drama behind resource disputes and policy and the love-of-place. Most cases are introduced with a photo or map of the place, along with a context-setting paragraph. Each group of cases—both foundational cases as well as new decisions—begins with a factually rich discussion problem tailored to the cases that follow. Many problems mirror traditional essay exam questions; others raise contemporary policy issues. This highly teachable book groups readings into discrete, assignment-sized chunks of 25-40 pages, allowing coverage of 2-4 cases or one problem during each class section. The main emphasis is on primary sources, and each chapter opens with relevant statutory and regulatory sections.
The Encyclopedia provides a detailed and comprehensive account of the subject known as public choice. However, the title would not convey suf- ciently the breadth of the Encyclopedia’s contents which can be summarized better as the fruitful interchange of economics, political science and moral philosophy on the basis of an image of man as a purposive and responsible actor who pursues his own objectives as efficiently as possible. This fruitful interchange between the fields outlined above existed during the late eighteenth century during the brief period of the Scottish Enlightenment when such great scholars as David Hume, Adam Ferguson and Adam Smith contributed to all these fields, and more. However, as intell- tual specialization gradually replaced broad-based scholarship from the m- nineteenth century onwards, it became increasingly rare to find a scholar making major contributions to more than one. Once Alfred Marshall defined economics in neoclassical terms, as a n- row positive discipline, the link between economics, political science and moral philosophy was all but severed and economists redefined their role into that of ‘the humble dentist’ providing technical economic information as inputs to improve the performance of impartial, benevolent and omniscient governments in their attempts to promote the public interest. This indeed was the dominant view within an economics profession that had become besotted by the economics of John Maynard Keynes and Paul Samuelson immediately following the end of the Second World War.
From cover: "Wild law is a groundbreaking approach to law that stresses human interconnectedness and dependence on nature. It critiques existing law for promoting environmental harm and seeks to establish a mutually enhancing human-Earth relationship. For the first time, this volume brings together voices fromt he leading proponents of wild law around the world. It introduces readers to the idea of wild law and considers its relationship to environmental law, the rights of nature, science, religion, property law and international governance."
This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.
Read a free excerpt here! American engineers have done astounding things to bend the Mississippi River to their will: forcing one of its tributaries to flow uphill, transforming over a thousand miles of roiling currents into a placid staircase of water, and wresting the lower half of the river apart from its floodplain. American law has aided and abetted these feats. But despite our best efforts, so-called “natural disasters” continue to strike the Mississippi basin, as raging floodwaters decimate waterfront communities and abandoned towns literally crumble into the Gulf of Mexico. In some places, only the tombstones remain, leaning at odd angles as the underlying soil erodes away. Mississippi River Tragedies reveals that it is seductively deceptive—but horribly misleading—to call such catastrophes “natural.” Authors Christine A. Klein and Sandra B. Zellmer present a sympathetic account of the human dreams, pride, and foibles that got us to this point, weaving together engaging historical narratives and accessible law stories drawn from actual courtroom dramas. The authors deftly uncover the larger story of how the law reflects and even amplifies our ambivalent attitude toward nature—simultaneously revering wild rivers and places for what they are, while working feverishly to change them into something else. Despite their sobering revelations, the authors’ final message is one of hope. Although the acknowledgement of human responsibility for unnatural disasters can lead to blame, guilt, and liability, it can also prod us to confront the consequences of our actions, leading to a liberating sense of possibility and to the knowledge necessary to avoid future disasters.
When a casebook remains the best seller in its field edition after edition, you know the authors are doing things right. PROPERTY set the standard of excellence and continues to uphold it. Once again, this expert author team provides an engrossing and enlightening teaching package: - full coverage including in-depth treatment of estates and future interests, servitudes, and land-use controls. - a mixture of excerpts and author commentary keeps the book lively - compelling stories, curious historical facts, and more than 50 in-text graphics hold student interest - without overwhelming the substantive coverage, the authors interweave an economics perspective throughout - an exceptional Teacher's Manual offers summaries of principal cases, readings, cited materials, answers to all questions, and syllabi for varying course credits Included in the Fifth Edition: - more accessible Chapter 1 on First Possession, with more depth and background on Intellectual Property and materials on internet cybersquatting - major overhaul of Chapter 4 on Future Interests now including treatment of Swanson v. Swanson, and Symphony Space v. Pergola Properties, and new developments in the Rule Against Perpetuities - skillful incorporation of coverage of the Restatement of Servitudes in Chapter 10 on Private Land-Use Controls - simplified treatment of privity of estate - closer examination of touch and concern - expanded coverage of common interest developmentsReview Property, Fifth Edition--renowned for its lively mix of materials, its distinctive sense of humor, and its human-interest perspective.