The Taking Issue PDF Download

Author: Council on Environmental Quality (U.S.)
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 376

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Author: Fred P. Bosselman
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 358

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A study of the constitutional limits of governmental authority to regulate the use of privately-owned land without paying compensation to the owners.

Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377

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If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Author: Megan Crawford
Publisher: Routledge
ISBN: 1136287744
Category : Education
Languages : en
Pages : 272

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The partner to Telling Tales, this reader looks at a range of perspectives on a number of key issues emerging from the area of guidance and counselling in education. Questions of ethics, equality and impartiality and their relationship to guidance and counselling in the context of learning are explored. The book also examines the trend towards group work and the role of technology in creating strategies for guidance. Written for a new module on the Open Universitys MA in Education.

Author: CCCS
Publisher: Routledge
ISBN: 1135032068
Category : Social Science
Languages : en
Pages : 216

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First published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.

Author: Baruch A. Brody
Publisher: Georgetown University Press
ISBN: 9781589010338
Category : Medical
Languages : en
Pages : 308

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Book Description
A pioneer in the theory of pluralistic casuistry, the idea that there are almost as many facets to moral choices as there are cases that call for choices, Baruch Brody takes issue with conventional bioethical wisdom and challenges the rigid principalism of contemporary bioethics. His views have been seen as controversial, but they are firmly held, and convincingly argued--all of which have led him to be one of the most widely discussed and highly admired bioethicists of our time. He argues for the fundamental distinction between active and passive euthanasia, for a need to reconceptualize approaches to brain death, and for the right of providers to unilaterally discontinue life support. He shows support for the waiving of the requirement of informed consent for some research, for the widespread use of animals in research, and for the use of placebos in many international clinical trials. When it comes to morality as it is practiced in medicine, Brody makes clear that the ethical issues are never as simple as black and white--that there are myriad factors and fine nuances that can and should challenge decision making as it is commonly practiced in difficult medical cases. In this collection, delving thoughtfully and systematically into methodology, research ethics, clinical ethics, and Jewish medical ethics, he tackles thorny life-and-death questions head-on and fearlessly. He casts a light into all the corners of end-of-life decisions--a field in which he has exemplary credentials--while illuminating a new understanding of morality and ethics. The introduction outlines Brody's approach, defines the terminology used, and contrasts his ethical positions with much of the competing literature. Taking Issue will be invaluable to students and scholars in medical ethics, bioethics, and philosophy of medicine.

Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 329

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Author: Mustansir Dalvi
Publisher: Penguin UK
ISBN: 8184756437
Category : Poetry
Languages : en
Pages : 224

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When Muhammad Iqbal first recited Shikwa (Taking Issue) in 1909, his audience was enraged by his effrontery. Iqbal, in his lament, took issue with Allah directly, audaciously implicating Him for the sorry state of Muslims worldwide and ruing the lost glory of Islam. In recompense, Iqbal composed Jawaab-e-Shikwa (Allah’s Answer) in 1913. Here, Allah responds to the poet, first berating his community, then offering hope for Islam in the world. Iqbal’s mellifluous words greatly assuaged those angered earlier. Over time, the poems have found their place in the canon of South Asian literature, and, through recitation, repetition and selective use, have forwarded a variety of agendas in the subcontinent. In this elegant translation by Mustansir Dalvi, these classics by the most influential poet of his generation come alive once again in a language that is contemporary and immediate.

Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1152

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Author: California (State).
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 42

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