Legal Issues on Indigenous Economic Development
Author: Darwin Hanna
Publisher:
Published: 2017-02
Total Pages:
ISBN-13: 9780433491262
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The Grasping Hand
Author: Ilya Somin
Publisher: University of Chicago Press
Published: 2015-05-28
Total Pages: 369
ISBN-13: 022625674X
DOWNLOAD EBOOKIn 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
The Role of Local Government in Economic Development
Author: Jonathan Q. Morgan
Publisher: Unc School of Government
Published: 2009
Total Pages: 21
ISBN-13: 9781560116127
DOWNLOAD EBOOKThis report discusses the findings from a mail survey of local government economic development activities that was sent to all 540 municipalities and 100 counties in North Carolina. An important part of the analysis examines whether cities and counties differ significantly in their economic development efforts and whether smaller jurisdictions employ different types of development strategies and tools than larger ones. The survey findings also highlight the barriers that local governments face in promoting economic development and identify important technical assistance needs and gaps in local capacity.
Law and the Economy in Colonial India
Author: Tirthankar Roy
Publisher: University of Chicago Press
Published: 2016-09-20
Total Pages: 253
ISBN-13: 022638764X
DOWNLOAD EBOOKBy accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."
Trends in Climate Change Legislation
Author: Alina Averchenkova
Publisher: Edward Elgar Publishing
Published: 2017-12-29
Total Pages: 231
ISBN-13: 1786435780
DOWNLOAD EBOOKA deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context.
Law, Informal Rules and Economic Performance
Author: Svetozar Pejovich
Publisher: Edward Elgar Publishing
Published: 2010-01-01
Total Pages: 191
ISBN-13: 1848442904
DOWNLOAD EBOOKAlmost everyone will gain something of value from reading this book. For those who work in the new institutional economics, Pejovich provides a thoughtful treatment of how common-law and civil-law systems affect personal freedoms and rule of law. The book s larger market, however, will comprise educated lay readers, who will gain a deeper appreciation of the foundations of capitalism in the developed world and of the dynamics of interrelated institutional and economic change. Lee J. Alston, The Independent Review . . . a well written, easily read book which casts light on many aspects of law and on questions which are or should be debated in our law schools. . . well laid out and presented. . . Its subject matter makes it essential reading for all those studying comparative law and of course law and economics and even for those studying legislation. It would be more than useful for those engaged in property law, the law of contract and administrative and public law. In other words it would be useful and challenging reading for just about all law teachers and students as well as practitioners who wish to think about the basics of what they are doing. Its easy combination of history, comparative technique, legal fundamentals and economics with no maths would even make it an excellent reader for LAWS 101. Bernard Robertson, New Zealand Law Journal Professor Pejovich has written an impressive lot on comparative economic systems, institutions, policies and broader social aspects of economic development. . . His long work in the field quite predictably made him able to present his views and findings in an ever clearer, more orderly and more profoundly argued way. . . This is one of the rare books in which the author is well aware of what he is talking about and makes sure that the same goes for his readers. Ljubomir Madzar Professor Pejovich has ranged expertly across such seemingly disparate areas as legal systems, culture, economics and public choice theory to give us a thoroughly convincing roadmap for a nation s economic success. The rule of law, enforcement of private contracts, private property rights and an independent judiciary are the basic building blocks. But the common law system, as compared to the civil law system emanating from the European continent, also gets a lot of the credit. This is an erudite, yet happily readable work that takes a lot of the mystery out of differential economic performance among nations. Henry G. Manne, George Mason University School of Law, US Written by one of the pioneers of modern property rights economics this book provides a most insightful, well readable and engaged discussion of the institutional foundations of the Western free enterprise system and the reason for its success, with a special emphasis on the differences between common law and civil law institutions. Readers will especially appreciate the many instructive examples and court cases that serve to illustrate the general argument. Viktor J. Vanberg, Universitaet Freiburg, Germany This is a must-read for anyone who wants to understand why Western capitalism has outperformed all other economic systems. Professor Pejovich explains how the institutions of capitalism, especially those based on common law, make for excellence, even in comparison with Western civil law countries. He presents a compelling theory of how systems evolve through the interactions of formal and informal institutions, an analysis that has deep significance for economic reform proposals throughout the world. John H. Moore, Grove City College, US There are many books on the virtues of capitalism and capitalism as a moral system. Steve Pejovich avoids that mistake. Capitalism, for him, is a system based on human behavior. It survives because it meets the needs that individuals face and provides opportunities that individuals are able to accept. Unlike the utopian visions that have competed against capitalism, it does not impose the vision of a
Economic Revitalization
Author: Joan Fitzgerald
Publisher: SAGE Publications
Published: 2002-03-19
Total Pages: 281
ISBN-13: 150632066X
DOWNLOAD EBOOKEconomic Revitalization is unique in that it discusses leading revitalization strategies in the context of both city and suburban settings, offering case studies of program development and implementation. In Economic Revitalization: Cases and Strategies for City and Suburb Fitzgerald and Leigh answer the need for a text that incorporates social justice and sustainability into how we think about and practice economic development. It is one of the first to talk about how revitalization strategies are implemented in both cities and suburbs, particularly inner-ring suburbs that are experiencing decline previously associated only with inner-city neighborhoods. After setting the context with a brief history of economic development practice and its shortcomings, Fitzgerald and Leigh focus on six economic development strategies: sectoral strategies, Brownfield redevelopment, industrial retention, commercial revitalization, industrial and office property reuse, and workforce development. Each of these chapters begins with an overview of the strategy and then presents cases of how it is being implemented. The cases draw from Atlanta, Chicago and its suburbs, Emeryville, Kalamazoo, Louisville, New Haven, Portland, Sandy Springs, and Seattle (and suburban King County). They illustrate the tradeoffs often made in achieving one goal at the expense of another. Although they admit that some of the cases come up short in illustrating a more equitable and sustainable economic development practice, Fitzgerald and Leigh conclude with an optimistic view that the field is changing. The book is aimed at students and practitioners of economic development planning who seek to foster stronger economies and greater opportunity in inner cites and older suburbs. It is also meant to assist planners in thriving new towns and suburban communities seeking to avoid future economic decline as their communities mature. Economic Revitalization: Discusses practice in both suburban and inner-city settings Integrates the planning values of social justice and sustainability into the discussion of implementation strategies Includes cases that reveal the political nature of the planning process and the types of tradeoffs that often must be made Provides insights for planners seeking to adopt "best practice" programs from other localities
World Development Report 2017
Author: World Bank Group
Publisher: World Bank Publications
Published: 2017-01-23
Total Pages: 605
ISBN-13: 1464809518
DOWNLOAD EBOOKWhy are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
Law and Economic Development
Author: Hans-Bernd Schäfer
Publisher: Edward Elgar Publishing
Published: 2006
Total Pages: 0
ISBN-13: 9781845423940
DOWNLOAD EBOOKDemonstrates the application of the law and economics methodology to the problems of developing countries. This title is suitable for lawyers, economists and development practitioners.
Zoning Rules!
Author: William A. Fischel
Publisher:
Published: 2015
Total Pages: 416
ISBN-13: 9781558442887
DOWNLOAD EBOOK"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
