The Uncertain Search for Environmental Quality [hardcover] Ackerman, Bruce A. [Oct 01, 1974]

The Uncertain Search for Environmental Quality

Business & Money

Ackerman, Bruce A.

Economics

Free Pr

The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types---Scientific Policymaking and Ordinary Observing---and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice---relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.

Private property and the Constitution

History

Historical Study & Educational Resources

Yale University Press

Certain to become the most important work in political theory since John Rawls's A Theory of Justice, this book presents a brilliantly original, compelling vision of a just society-a world in which each of us may live his own life in his own way without denying the same right to others. Full of provocative discussions of issues ranging from education to abortion, it makes fascinating reading for anyone concerned with the future of the liberal democratic state.

Social Justice in the Liberal State

Politics & Social Sciences

Social Sciences

A pioneering study of dynamics of politics and technocracy that generated mistaken policies that still haunt environmental law today.  

Clean Coal/Dirty Air

Science & Math

Hassler, William T.

Earth Sciences

A collection of essays by leading economists and legal experts on the basic economic issues in public and private property systems.

Economic Foundations of Property Law

Little,Brown & Co

This reader continues its track record of success of combining fascinating and essential readings and materials pertaining to property law with author commentary. Traits the authors continue to build upon:
<li>essays and articles articulate important points related to the major issues in property law</li>
<li>essays that are accompanied by introductory text, notes, and questions to deepend students' understanding of the ideas contained in the essays</li>
<li>a well-known and respected author team<features><li>Heller/Eisenberg's article regarding anit-commons and the over-patenting of the human genome</li>
<li>Pipes' article on how the lack of private property contributed to the decline of the Soviet Union</li>
<li>Desoto's article on titling in developing nations</li></features>
</li>

Perspectives on Property Law (Perspectives on Law Reader Series)

Ellickson, Robert C.

Rose, Carol Marguerite

Business

Aspen Law & Business

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