This collection of 22 commissioned essays from scholars across numerous fields responded to the question: What are the most fundamental things you can say concerning the interrelations between the institutions of government and property?

The creation by government regulation of entitlements akin to property rights is a phenomenon imposing a reconsideration of the traditional categories of public and private property. This book focuses on the European level by means of a comparative method involving private law, public law, and law and economics approaches.

Includes archival documents and essays exploring the inter-relationship between the government and the economy. This title examines the one-sided controversy generated by Rose Wilder Lane and V Orval Watts against a new generation of Keynes-influenced textbooks which focused on governmental policy and the scope of government activity.

The “free market” has been a hot topic of debate for decades. Proponents tout it as a cure-all for just about everything that ails modern society, while opponents blame it for the very same ills. But the heated rhetoric obscures one very important, indeed fundamental, fact—markets don’t just run themselves; we create them. Starting from this surprisingly simple, yet often ignored or misunderstood fact, Alex Marshall takes us on a fascinating tour of the fundamentals that shape markets and, through them, our daily economic lives. He debunks the myth of the “free market,” showing how markets could not exist without governments to create the structures through which we assert ownership of property, real and intellectual, and conduct business of all kinds. Marshall also takes a wide-ranging look at many other structures that make markets possible, including physical infrastructure ranging from roads and railroads to water systems and power lines; mental and cultural structures such as common languages and bodies of knowledge; and the international structures that allow goods, services, cash, bytes, and bits to flow freely around the globe. Sure to stimulate a lively public conversation about the design of markets, this broadly accessible overview of how a market economy is constructed will help us create markets that are fairer, more prosperous, more creative, and more beautiful.

Environmental Regulation: Law, Science, and Policy demystifies the complexity of environmental law. It provides up-to-date, comprehensive and accessible coverage of this rapidly changing field. After exploring the causes of environmental problems and the moral values they implicate, the casebook provides a structural overview of the regulatory system. It considers how environmental law seeks to protect public health and the environment from climate change, toxic chemicals, hazardous wastes, and air and water pollution. This casebook covers land use regulation, protection of biodiversity, environmental impact assessment, environmental enforcement, and international environmental law. Written in a style accessible to the non-specialist, this casebook affords instructors flexibility in organizing courses. Effective teaching and study aids include outlines of the structure of each environmental statute, real-world-based problems and questions, “pathfinders” explaining where to find crucial source materials for every major topic, an extensive glossary, and a list of acronyms. The accompanying Website is kept current with annual statutory and case supplements. New to the 9th Edition: The most comprehensive updating and editing of this classic casebook since the first edition helped define the field nearly thirty years ago, including: Biden administration reversals of Trump changes to federal environmental policy How efforts to combat the climate crisis are affecting all areas of environmental law New material on environmental justice throughout the casebook The impact of the global pandemic on environmental law and policy New material on the social cost of carbon, PFAS and chemical testing, the Navigable Waters Protection Rule, the Migratory Bird Treaty Act, environmental enforcement, and private environmental governance Excerpts from important new court decisions including: County of Mauiv. Hawaii Wildlife Fund (groundwater and the Clean Water Act) ARCO v. Christian (the impact of CERCLA on state remedies for environmental contamination) Weyerhaeuser v. US Fish & Wildlife Service (critical habitat for endangered species) American Lung Ass’n v. EPA (DC Circuit’s 2021 decision invalidating the Trump administration’s Affordable Clean Energy regulations for greenhouse gas emissions under the Clean Air Act) Juliana v. US (9th Circuit decision dismissing claims that the federal government violated constitutional environmental rights by promoting fossil fuels) McKiverv. Murphy-Brown (4th Circuit decision on private nuisance, CAFOS and environmental justice) Jam v. International Finance Corporation (immunity of international development bank for financing coal-fired power plant in India) New and improved problem exercises Streamlined and more tightly edited and featuring a new Teacher’s Manual Professors and students will benefit from: Comprehensive and up-to-date coverage in a style accessible to the non-specialist Self-contained chapters for flexibility in organizing courses A detailed examination of policy Focus on environmental statutes How statutes translate into regulations Factors that affect real-world behavior Effective teaching and study aids Outlines of the structure of each environmental statute Real-world-based problems and questions “pathfinders” explaining where to find crucial source materials for every major subject area Extensive glossary List of acronyms

Published with the support of The New Zealand Law Foundation. As collapses and crises involving ecological systems, economic and financial management and international governance increase, the need for bold alternatives to traditional economic and legal responses has never been more urgent. Property concepts are an important element in the interaction between humans and the natural environment. An important driver of ecological harm, property concepts can also become a powerful tool for responding to ecological problems in ways that have so far eluded both government regulators and markets. Going beyond the traditional critiques of liberal property theories, Property Rights and Sustainability takes on the challenge of fundamentally reconceptualising property rights and systems. It makes a significant contribution to rebalancing the legal framework in a way that recognises humanity as a member of a larger ecological order, the health and integrity of which is of primary importance to the long-term viability of our planet. Property Rights and Sustainability will be an indispensable resource for those interested in the relationship between property law and the environment, and the ways in which property law can be reshaped to respond to the ecological challenges of our time.

A survey of the evolution of property rights in the United States—from constitutional protections and due process to private property rights and government-takings doctrines. Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons. Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace.