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Private Property & the Commons of 16th Century Spain
Private Property in 16th Century Spain
Historically, 16th-century Castile was considered to be fundamentally an urban society that depended on cities and towns for the articulation of its local and centralized administration (Elliott, 1991). Privilege was considered to be a matter of a priori rights founded on traditions associated with nobility and wealth. The lower social stratum was maintained in order to provide fiscal and military support for the crown. The qualities of separateness -- both cultural and logistical -- between the urban central and diffuse local jurisdictions engendered very different perspectives regarding authority. ather than arbitrating reasonable agreements, local authority worked to undermine what was considered to be overreaching by the crown. I contend that the autonomy of local jurisdictions worked against the crown's insistence on absolutism and a monarchy of estates that were grounded in medieval social concepts, however,…
Abercrombie, T.A. (). Colonial relandscaping of Andean social memory.. In Pathways of memory and power: Ethnography and history among an Andean people (pp. ). University of Wisconsin Press.
Abercrombie, T.A. (1996). Q'aqchas and la plebe in "rebellion" -- carnival vs. lent in 18th-century potosi. Journal of Latin American, 2(1), 62-111.
Alban, J.P.V. (1999). Introduction: The decline of propriety. In Propriety and permissiveness in Bourbon Mexico (pp. ). Wilmington, DE: Scholarly Resources, Inc.
Elliott, J.H. (1991, Autumn). Renaissance Quarterly, 44(3) A Review: Nader, H. (1990). Liberty in Absolutist Spain: The Habsburg Sale of Towns, 1516-1700. Baltimore and London, The Johns Hopkins University Press.
Judicial eview for Private Property
The role that has been played by the judicial review when it comes to protecting the rights of private property was discussed by Daniel Cole in "Political Institutions, Judicial eview, and Private Property: A Comparative Institutional Analysis." The tension which exists between property rights and democracy was examined by Cole in his article. Cole starts by focusing on the concerns shown by Madison regarding the protection of individual property rights within a democratic society and how this democracy proves to be a challenge for many of the property rights' notions (Cole, 2007).
A tension has always been there between democracy and the ownership of private property however, in Cole's point-of-view this tension has increased with the rise of the welfare state which basically involved making use of the private property for the public use. The notion of regulatory taking was introduced by Holmes according to…
Anderson, T. And McChesney, F. (2003). Property Right: Cooperation, Conflict and Law. Princeton University Press.
Brill, S. (2010). Government for Sale: How Lobbyists Shaped the Financial Reform Bill. Cover Story of Times Magazine.
Cole, DH (2007). Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis. The University of Chicago: Supreme Court Economic Review.
Kelo et al. (2005a). Petitioners V. City Of New London, Connecticut. On Writ Of Certiorari To The Supreme Court Of Connecticut.
The right to private property and inheritance without taxation are essential to a Christian worldview. This assertion may seem counterintuitive at first, given that Christianity is often viewed as an otherworldly religion. However, the faith structure of Christianity contains not simply a core of teachings designed to prepare the individual for the life to come, but life lessons to enable the individual Christian to live a more fulfilling life upon the earth.
The meek shall inherit the earth," Jesus notes in his Sermon on the Mount from the Book of Matthew. This is the most famous quotation directly on the subject of inheritance from the New Testament. However, rather than a counsel to meekness and an admonition to Christians to act in a retiring fashion, this quotation also suggests that it is necessary to pass on from generation to generation, a common Christian value system. The earth is important…
What this means is before the passage of 207 if the government suddenly decided that a rose was protected, and land had natural roses growing on it the land could not be sold or developed as the owners would be government ordered to set aside that land as a natural preserve.
The change that proposition 207 brought was that if a government action reduces the value of one's land then the government must pay the landowner for causing that to happen.
Another example of this is when a person owns a large piece of land and that land is currently zoned to allow 20 houses to be built on it. If the government decides that it does not want that dense of a population in the area, due to current traffic congestion or any other reason, then the government might decide to change the zoning to only allow three houses…
____(2006) EDITORIAL: Proposition 207 step to restoring property rights.
____(2006) Impact of Prop. 207 Vexes City Officials: Land-Use Decisions Will Feel Effects of Voter-Passed Law. The Tribune
Meltzer, Erica (2006) Land rights at root of Prop. 207. AZ Daily Star
Interestingly, the connection between private property ownership and political freedom developed in a roundabout way. As property owners grew richer from their commercial endeavors, the state sought to reap benefits via property taxation and this in turn helped to empower the people and Parliament. Pipes draws further connections between the evolution of the commonwealth, the British Empire, and burgeoning rights and freedoms for property owners.
Chapter 4 addresses the history and evolution of property ownership in ussia. ussia's history is far different from that of England, especially with regards to property and its connection with individual rights and freedoms (or lack thereof, in the case of ussia). Pipes explains thoroughly the origin and impact of the patrimonial system in ussia, which established monarchs firmly as the property owners and precluded genuine private property ownership. Patrimony, ussian style, is clearly and simply defined as "the fusion of sovereignty and ownership," (p.…
Pipes, Richard. Property and Freedom. Vintage, 2000.
348). Pursuant to the Court's holding in Grand Central Car Park Pty Ltd. v Tivoli Freeholders  V 62 per McInerney J (public nuisance), in order for fault to rise to the level needed for liability for nuisance, the defendant's fault must include the following components:
1. The defendant knew or ought to have known of the nuisance;
2. The interference or damage to the neighbour's property from the nuisance was reasonably foreseeable; and,
3. The defendant did not take reasonable action or steps to end the nuisance (at 72).
Such fault, though, must also rise to an actionable level and cannot typically involve minor, isolated infringements of property rights that are part and parcel of the human condition such as a dog barking once in awhile or a baseball that is accidentally tossed through a window by neighborhood youths. Congruent with the legal definition of private nuisance provided by…
Black's Law Dictionary. (1991). St. Paul, MN: West Publishing Co.
Hyams, R. (2005). 'School Supervision of Children outside School Hours in Australia: Who's
Responsible?' Journal of Law and Education, vol. 34, no. 3, pp. 347-349.
Kozlowski, J.C. (1999, July). 'No Ifs, Ands or Butts about it...' Parks & Recreation, vol. 34, no.
Private -- Cloud Computing isks and Challenges -- Bahrain Gov.
Cloud Computing Experiences of Other Countries
Focus on Japan
Japan has in the past had the rather lousy record of being an unwilling (or late) adopted of non-Japanese technology. Indeed, as a matter of fact, most of the country's businesses were rather reluctant to embrace West-developed technological innovations including but not limited to Twitter and Facebook. It hence comes as a complete surprise that the country received an excellent BSA Global Cloud Computing Scorecard ranking. In the words of BSA (2013), "the scorecard examines major laws and regulations relevant to cloud computing in seven policy categories as well as each country's ICT-related infrastructure and broadband deployment." Some of the factors that carry significant weight in the said scoring system therefore include but they are not limited to cloud computing rules international harmonization, presence of effective anti-cyber crime penalties, intellectual property…
Assia, N. (2012). Privacy Implications of Cloud Computing in Israel. Retrieved from http://www.otusgroup.com/legal-issues-surrounding-cloud-computing/
BSA (2013). 2013 BSA Global Cloud Computing Scorecard. Retrieved from http://cloudscorecard.bsa.org/2013/index.html
Harada, Y. (2011). Study on Cloud Security in Japan. Retrieved from http://www.isaca.org/Knowledge-Center/Research/Documents/Cloud_Sec_ITGIJapan_23Feb2011.pdf
Katz, J. & Seller, B. (2013). Legal Issues Surrounding Cloud Computing. Retrieved from
. . while defending these institutions themselves" (1034-1035). Peled further argues that Rousseau was not able to solve this paradox and it was one of the reasons why he became increasingly pessimistic about modernity. But Rousseau's attempts to reconcile the contradiction in his approach are worth looking at in details.
Although Rousseau abhorred inequality that rose out of private property, he did not hold any illusions about modernity. He believed that private property became an essential component of the modern bourgeois society and economic relations in the modern era could not be free from errors and corruption. So, Rousseau thought that the best solution to modern inequality was to allow private property in limited amounts and regulate it through the state that represents the common will. In a perfect society imagined by Rousseau, the state would honor the right to possess private property but at the same time would retain…
Alvarez, Andres and Jimena Hurtado-Prieto. "Jean-Jacques Rousseau and Karl Marx on the Critique of Economics. Some Insights from their Analysis of the Role of Money." Academic paper, Phare, Universite de Paris X -- Nanterre. Available at http://rousseaustudies.free.fr/articleHURTADOALVAREZROUSSEAUMARX.pdf
Bozarth, David. "Rousseau Closer to Marx than to Locke." Academic paper, Sonoma State University (2004, June 15). Available at http://dbozarth.com/Poli_Sci_Notes/Rousseau_Closer_To_Marx_Than_To_Locke.htm
Brenkert, George, G. "Freedom and private Property in Marx." Philosophy & Public Affairs, 8.2 (1979): 122-147. Available at http://www.jstor.org/
Chattopadhyay, Paresh. "Marx's First Critique of Political Economy, 1844-1994." Economic and Political Weekly, 29.31 (1994, Jul. 30): 54-59. Available at
The private security field also underwent significant reforms in connection with the qualifications, training, and (especially) vetting of employment candidates as well Ortmeier, 2009). Ironically, instead of recognizing the comprehensive improvement throughout the private security industry after 2001, many police personnel intensified their pre-existing disdain for all non-sworn security professionals instead (Dalton, 2003).
The Conceptual Significance of Public and Private Spaces
One of the worst consequences of the antagonism on the part of police toward private security forces is that the private security industry could actually provide valuable assistance to the overall interest of national, regional, and local security. Whereas the actions of all government policing and law enforcement authorities is very strictly limited by fundamental constitutional principles (especially in connection with 4th Amendment search and seizure concepts), non-governmental security agents can operate with considerably wider latitude (Larsen, 2007). In general, private security personnel may conduct various types of searches…
Dalton D. (2003). Rethinking Corporate Security in the Post-9/11 Era. Burlington, MA:
Larsen R. (2007). Our Own Worst Enemy: Asking the Right Questions About Security to Protect You, Your Family, and America. New York: Grand Central Publishing.
Ortmeier P. (2009). Security Management: An Introduction. Uppers Saddle River,
Money can only be hoarded because it has no real use; it will not feed or cloth someone who is starving or cold. This implies that things like food and clothing, which have obvious and immediate intrinsic values, cannot be rightfully hoarded in most societies because this will cause injury to someone else.
This places a severe limit on the power of money in Locke's construct; though it is deemed acceptable to hoard any amount of gold and silver, and though this gold and silver can be used to purchase things of real value like land and other property, it is not acceptable to maintain control of vast amounts of this property at the expense of others. A lord may own the land, therefore, but only because men have agreed on the value of the money that the land was purchased with, and only as long as the landowner…
Locke, John. The Second Treatise of Civil Government. 1690. Accessed 12 July 2009. http://www.constitution.org/jl/2ndtreat.htm
John Locke. The Second Treatise of Civil Government, Ch. V, sec. 50. 1690. Accessed 12 July 2009.
Describe what is entailed in property rights.
A property is a physical or tangible entity that has ownership. A property can be a piece of land, a home or any other physical space owned by a person or group of persons. There are public properties that are owned by the state or government. Private properties are owned by an individual or group of individuals. Property is usually defined by the law as a space for which title or ownership has been established.
Explain a legal description.
A legal description is a formal, legal, detailed report which describes all components of the property. The legal description holds descriptions of easements, property lines, and reservations about the location. Legal descriptions are upheld in court and are binding. They are used in legal documents such as property deeds. A legal description can be used to identify and locate a specific property.
Fair market housing outlaws discrimination. Federal legislations in 1960's created the fair market housing. The fair market housing allows Americans to be able to live wherever they choose. Legislations such as Civil Rights Acts and Fair Market Housing Acts allows us to choose where we want to live without discrimination.
9. Describe the impact the real estate market has on the economy.
Many analysts believe that the real estate market is a major factor in the economy. The boom of the market in the early 2000's and then crash in 2007 has played a big role in the state of the economy. When real estate begins to climb, we will see a significant change in the economy. A positive real estate market reflects a healthy economy. The real estate market directly impacts the economy.
(California EPA Land Use Regulations and Covenants NP) Without such covenants and restriction there is a clear sense that ignorance would drive selfish decisions about property use that could have lasting effects on the property and the whole region.
Thomas Jefferson, would have been unlikely to have experienced the extreme nature of environmental devastation that can be caused by overuse or poor use of land and property. In Jefferson's time questions regarding individual rights were the questions of the day. Questions regarding how toxic substances leech into groundwater was limited to urban human waste not complicated chemical agents. Additionally, there is a clear sense that individuals and agencies are far more informed today about environmental issues and their long-term impacts on the earth than ever before. This information and the abuse of it has broad implications on the earth as well as future planning and development. One example of the…
Glossary of Real Estate Abbreviations, Terms and Phrases, http://www.texasbest.com/real_estate_info/REglossary.html#C
California EPA Department of Toxic Substance Control LAND USE COVENANTS REGULATIONS, http://www.dtsc.ca.gov/SiteCleanup/upload/SMBRP_FS_LUCREGS.pdf
Property Law for Dummies, http://www.lucs.org/files/UECA.pdf
Protection of Intellectual Property
Intellectual property is any form of an idea that originates from a person or company and used to create innovative products, or services. Theft of these ideas by foreign entities to produce similar knock off goods has had a negative effect to both the owners of the idea and economy as a whole.
The United States Department of Justice and the Federal Bureau of Investigations (FBI) have taken a number of steps to fight against intellectual property theft. According to their websites, they both run complex investigations on cases that arise from theft of intellectual property. Since intellectual property includes copyright, patents, proprietary products, trade secrets and internet protocols, the two offices have contingencies that are there to resolve unique legal and investigative issues being raised by telecommunication technology. They also, according to their websites have the mandate to pursue local and international cases that relate…
Johnson, C and Walworth, D.J (March 2003). Protecting U.S. intellectual property rights and challenges to digital piracy. Office of industry working paper: U.S. international trade commission. Retrieved from http://www.usitc.gov/publications/332/working_papers/wp_id_05.pdf
NW3C, (September, 2010). Intellectual property theft. National white collar crime center. Retrieved from http://www.nw3c.org/docs/whitepapers/intellectual_property_theft_september_201008B6297ECEB4FAE7EAA79494.pdf?sfvrsn=3
Qui D.L & Yu H, (2010). Does the protection of foreign intellectual property rights stimulate innovation in the U.S. Review of international economics, 18(5). Retrieved from http://infojustice.org/download/gcongress/dii/Qui%20article.pdf
Setec. Investigating intellectual property theft. www.Setecinvestigations.com. Retrieved from http://www.setecinvestigations.com/resources/whitepapers/Investigating_Intellectual_Property_Theft.pdf
This also implies inadequacies in fiscal sustainability, which influences investments in private sectors.
The second channel happens through the level, composition and quality involved within the public investment, which shows the level at which the public investment replaces the private investments (Schmidt- Hebbel, Serven, & Solimano, 1996).
The final channel regards the level of taxation on the corporate earnings and the rules applicable in depreciations.
There have been arguments that fiscal policy and public expenditure reduces the private investments in two different manners. These include increasing the interest rates or lowering the private funds involved in financing the investments.
According to the neoclassical theory, the interest rate is also an imperative variable in finding the level of investment. Consequently, it results into a negative effect because it upsurges the interest payable in investments. Concurrently, McKinnon and Shaw, contends that this is likely to cause a positive relationship between the investment…
Shrestha, M.B. (2005), "ARDL Modelling Aproach to Cointegration Test," Proceedings of the 46th Annual Conference of New Zealand Association of Economists, Paper
No. 13, Wellington, July 2005.
Keynes, J.M. (1936). General Theory on Employment, Interest and Money., London,
" (Chow &
Ng, 13) Simply stated, the collapse of the Asian housing markets seems in
many ways to reflect that which is already now underway in the United
States. The failure of lending institutions to appropriately suit
borrowers with the appropriate financing terms has ultimately translated
into a simultaneous rise in costs within the lagging housing market and the
general dearth of resources available to accommodate the demands of
borrowers with some categorical entitlement to public assistance in
achieving personal home ownership.
This underscores the consequences of the current housing market to
the available terms and conditions relating to residential property
financing. The characteristics of readily available programs are impacted
today by no small degree of tumult in terms of value for property, value
of the dollar and the categorical identification of differing classes of
buyer. Even more then, today, is it important for the borrower to fully
Brown, C. (2005). Residential income property financing. Buzzle. Online
Chow, R. & Ng, E.H.K. (2004). Availability of bank credit and the
residential property price level: evidence from Singapore. National
University of Singapore.
China and the Economy
Chinese Enterprise therefore is needed to better facilitate growth in China. In regards to China, private enterprise growth has lagged substantially behind that of State owned enterprises (SOE). Private enterprise, particularly in emerging markets will be a catalyst for future economic growth and development within the region. Free trade allows for the transfer of goods and services when demanded by specific economies. It also allows the countries best suited for such activities to flourish. Private Enterprise is important within the Chinese region as it continues to provide services to developed nations. The citizens of developed countries benefit as they have access to cheaper products and services. With the advent of globalization, Chinese manufactures are better equipped to expand overseas to expand their manufacturing competitive advantage.
The question regarding private enterprise is important as China is quickly becoming a dominant economic power. As such, private enterprise will…
1) China NBS (No.1 2012): Announcement of National Bureau of Statistics of China
2) China Statistical Yearbook 2010, 2009 figure from China NSB Statistical Data (NSB 2009-revised -China GDP figure
3) DeGlopper, Donald (1987), Chapter 9 -- Science and Technology, A Country Study: China, Library of Congress. Retrieved 11 September 2012
4) Tschang, Chi-Chu (4 February 2009). "A Tough New Year for China's Migrant Workers." Business Week. http://www.businessweek.com/globalbiz/content/feb2009/gb2009024_357998.htm . Retrieved 10 September 2012
The common characteristics of all property crimes
Property crime can encompass aspects of burglary, theft, or motor vehicle theft and this also includes attempted as well as completed crimes. In accordance to the Federal Bureau of Investigation (2010), property crime comprises of the wrongdoings of motor vehicle theft, larceny-theft, burglary, as well as, arson. In particular, the object of the theft-kind transgressions encompasses the taking of money or property, however with the lack of force or threat of force against the victims. Imperatively, the property crime classification takes into account arson for the reason that the offense consists of the destruction of property. Nonetheless, arson victims may be subjected to force. There are two crime measures in the United States with regard to crimes against property. One is the National Crime Victimization Survey (NCVS) by the Bureau of Justice Standards (BJS), which encompasses reported and unreported crime from the perspective…
There are over 400 airlines, 60,000 hotel properties, 32 rental car companies, nine cruise lines, and 220 tour operators that comprise the database of offerings in Sabre data architecture. VPNs are used for completing the necessary order and booking capture, booking management, pricing updates and validations with each agent, and the coordination with the literally thousands of travel partners to company has.
Sabre opted for Web-based VPN architecture to deliver real-time updates of data to their MySabre travel agency booking portal that was recently introduced to the 70,000 travel agents that participate with the travel network. The use of an SSL-based VPN architecture for supporting the many quoting, ordering, and services processes was critical for Sabre, as their broader application development plan focused first on speed and security for their agent base. Sabre also wanted to have a single sign-on capability to ensure their agents, the majority of which are…
AMR Research (2004)- Time to Move Beyond Point Security Systems. AMR Research. Lance Travis, author. From the Research Alert of the same name. February 25, 2004
Aberdeen Group (2003) - Buyer's Guide to Managed Delivery. Aberdeen Group Research Report. March, 2006. Aberdeen Research
Columbus (2003) - Re-evaluate How Your Measure Your Channels' Performance. AMR Research. Boston, MA December 2, 2003. Accessed from the Internet February 21, 2007 from location:
Confidential and Private
Yahoo!, Inc. is a large digital media company that specializes in the delivery of personalized digital content as well as experiences across millions of devices around the globe (Market Watch, 2012). The company provides highly engaging and innovative canvases that are used in advertisement in order to connect with the millions of online target audiences across the globe. The company provides several services to different categories of people and businesses. To the normal users, it provides various services like online properties, news, entertainment and email services while to the advertisers, Yahoo! Inc. provides a wide range of marketing services that are designed in way that ensures that it effectively connect with the subscribers of its Yahoo! Properties products. The website also connects advertisers with other third-party entities through its integrated Yahoo! Advertisement offerings. At the moment, the company through its Yahoo! Properties provides users services…
1. Some operational contingencies are considered core because the operation could not function without it. A core operational contingency is one that must remain functioning. This is important for contingency planning, so that when you plan for the more common risks that the operation faces, you ensure that the core ones are taken care of, and will continue to run. If you run an e-commerce site, for example, you would consider the ability to keep your website running and continue taking orders as a core contingency. Everything else can suffer from some downtime if necessary, but keeping the revenue coming in is a core competency.
The non-core competencies are the ones that can be disrupted without entirely disrupting the business. This does not mean that the operation can continue indefinitely without these competencies, just that they can be interrupted without completely interrupting the operation. A classic example is…
Philosophy of public finance
All states must raise some sort of revenue to pay for the basic services it must offer to protect its citizens and provide them with needed services. The degree to which the state should act in such a supportive fashion may vary depending on the perspective of the individual but the notion that some state financing is needed for a nation to be functional is difficult to debate. Taxation is one of the primary methods through which the state extracts revenue. Although there are many different competing philosophies about the purpose of government financing, most would agree that the government can serve as an engine of growth if it allocates its assets in an appropriate manner.
One of the most influential texts defining a philosophy of public financing was that of ichard Musgrave's The Theory of Public Finance. Musgrave's (1959) text stressed that "normative…
Bartle, J., Scott, D. & Shields, P. (2008). Applying pragmatism to public budgeting and financial management. Association for Budgeting and Financial Management conference.
Retrieved from: https://digital.library.txstate.edu/handle/10877/3995
Financial accounting. (2015). National Center for Educational Statistics. Retrieved from:
justification of private property and also compares and contrasts the role that private property plays in the theories of Locke and in his "Second Treatise" and Marx in his "Communist Manifesto." It asks whether individuals have a right to private property, or (which I think is the same thing) whether there are any good right-based arguments for private property. A right-based argument is an argument showing that an individual interest considered in itself; is sufficiently important from a moral point-of-view to justify holding people to be under a duty to promote it. So my question can be rephrased as follows. hat individual interests are served by the existence of private property as opposed to some other sort of property regime (such as communism)? Are any of these interests so important from a moral point-of-view that they justify holding governments to be under a duty to promote, uphold, and protect property-owning?…
1. MARX KARL, The Communist Manifesto ( Harmondsworth, Penguin Books, 1967).
2. LOCKE JOHN, The Second Treatise of Government and A Letter Concerning Toleration, edited by J.W. Gough ( Oxford, Basil Blackwell, 1976).
Coase Theorem and Private Property
Discussing how the Coase Theorem provides an alternative to government regulation and provision of services. How is the definition of private property a critical part of this analysis?
The Coase Theorem holds that where transactions occur with no fixed transaction cost, the degree of economic gain from the transaction will depend on whether a producing party is legally responsible for any of the collateral damage caused by the transaction. In other words, this 'externality' of collateral damage will have a cost which, if the producer is responsible for its coverage, must be factored into the economic value of the transaction.
The text by atkins provides a useful example of how this theorem functions and, more specifically, how its functionality relates to the way that private property is defined. According to atkins, in a hypothetical scenario where a cargo train sets fire to a particular crop…
Friedman, D. (2009). The Swedes Get It Right. University of Chicago Law School Record.
Watkins, T. (2009). Illustration of the Coase Theorem. San Jose State University.
Coase Theorem is a concept developed by Nobel Prize winning economist, Ronald Coase. It revolves around the efficiency in the economic allocation of trade in externalities. The theorem states that if there are negligible transaction costs, then bargaining between conflicting parties will lead to an efficient outcome and allocation regardless of initial allocation of property rights, given that a trade in the externality is possible (Andrew & Schlafly, 2007). Externality is defined as the cost or benefit that arises as a result of an economic activity that may have an impact on an uninvolved third party (Evans, 2011). The uninvolved third party often doesn't choose to incur the cost or benefit, but is a part of the chain as a consequence of the nature of these circumstances. Property rights often relate to the determination of who owns a resource and how it is being used. In economics, property rights are…
Andrew, L., & Schlafly, E. (2007, June). The Coase Theoram: The Greatest Economic Insight of the 20th Century. Journal of American Physicians and Surgeons .
Evans, D. (2011). "Comodification, Division of Labour, Externalities, Re-use and recycling" in D. Southern (ed.) Encyclopedia of Consumer Culture . London Sage .
O' Driscoll, G.P., & Hoskins, L. (2003, August 7). Property Rights: The Key to Economic Development. Retrieved from CATO Institute: http://www.cato.org/pubs/pas/pa-482es.html
Obesity reached epidemic proportions by the end of the twentieth century, with as many as thirty percent of adults and sixteen percent of children living in the United States being overweight ("Overweight and Obesity"). Being overweight is not just a matter of personal appearance. Rather, a range of health problems from heart disease to diabetes can be directly caused by eating too much, especially too much of the wrong foods. Fast food, junk food, and processed foods, available in huge portions for cheap prices, are driving factors in the American economy. However, because being overweight is a major cause of disease, obesity becomes an economic problem in America, taxing the medical system with unnecessary and preventable problems. Obese individuals essentially steal treatment services from individuals who suffer from diseases that could not be prevented through lifestyle changes. Overeating is also a slap-in -- the face for those who cannot…
'Overweight and Obesity." Centers for Disease Control and Prevention. Online at .
As for knowledge, Locke believed that "the best and surest way to get clear and distinct knowledge is through examining and judging ideas by themselves" (Locke, 1997, VI: I).
The Family -- Locke lived in a time in which the family was patriarchal and central to the argument of the opponents to limited government. In early-modern England the family structure was more authoritarian, intolerant, and sexist. Locke's political theory had revolutionary implications that could easily be exported to governments, and as an individualist, it is easy to see why Locke would look upon inequality and mindless subjugation as unproductive and antithetical. In this the natural rights family was radical in the sense that it held that everyone born was capable of actualization. The family was a microcosm of government, and also served as a way to train individuals into their roles and responsibilities within society (Ward, 2010, pp. 136-42).
Baird, F. And Kaufman, W. (2007). Philosophic Classics: From Plato to Derrida.
New York: Prentice Hall.
Locke, J. (2003). Two Treatises of Government. Ed. Ian Shapiro. New Haven, CT: Yale University Press.
Locke, J., R. Woodhouse, ed. (1997). An Essay Concerning Human Understanding. New York: Penguin Books.
The Federal Security Service (FSB) will monitor the law's enforcement. If it finds that foreigners have been buying up shares in strategic enterprises via front firms, the Russian government will have the right to protest against such purchase in court. (Quoted by Anderson, 2008, 57)
If the FSB garners authority to monitor all cash flows and transactions allegedly in order to protect Russia from foreign control, implications could extend to Russia, seizing foreign-owned private property. The economic future does not look too propitious for foreign investors.
Most ominously, as Anderson (2008) points out, it is no longer the private company that will sell itself, but Russia that will now serve as its marketing agent. What this implies is that promotion of the firm will now transfer to promotion of the state, creating a potentially conflictual situation for the West where Russia will attempt to maximize its show of national power…
Monopolies and Trusts:
Appropriate Areas for Government Intervention?
Capitalism is the economic system that has dominated the United States virtually since the day of its independence. A social and economic system based on the recognition of individual rights; capitalism demands that owners' rights to control, enjoy, and dispose of their own property must be respected. In a capitalist system, the purpose of government is to protect individual economic rights, and to make sure that no one individual, or group may employ physical or coercive force upon any other group or individual. The success of capitalism is well evident. The surpluses that this system produces have enabled individuals to experiment; to create new products, and market new ideas. These private surpluses are traded in a free market in direct competition with other buyers and sellers. Such competition is best represented by the efforts of two or more parties acting independently to…
Monticello, the mansion that Thomas Jefferson designed in the hills of Virginia near the State University that he founded, has three portraits that are to be found on the wall of President Jefferson's study that have remained there for 200 years. These portraits are of three writers Francis Bacon, Isaac Newton and John Locke. Jefferson, who wrote the Declaration of Independence and acquired the Louisiana Purchase form the French, refers to these three as "the greatest men who ever lived." e see Lockean reasoning reflected in the Declaration where Jefferson says that we hold life, liberty, and the pursuit of happiness to be self-evident truths. A similar reverence was afforded Karl Marx in the Soviet Union, where many streets and several smaller cities were named after Marx and his fellow communist Frederick Engels. One could argue that the primary ideologies of the 20th-century were those of Locke and Marx, as…
We can see the best examples of these 19th century economic theories in the works of Henry George, a populist who wished to ensure plurality by limiting the ability of property owners to hoard natural resources, and Herbert Spencer, an English sociologist who incorporated Darwinism into his defenses of what is now termed 'classical' liberalism and famously advocated "the right to ignore the state."
Locke, John, Second Treatise on Self-Government. http://www.swan.ac.uk/poli/texts/locke/lockcont.htm
Marxist Origins of Communism, George Mason University. http://www.gmu.edu/departments/economics/bcaplan/museum/marx1.htm
Plato and Aristotle
Both Plato and Aristotle attempted to philosophically construct the ideal society and the most suitable form of government. Two of the main areas on which the two philosophers disagree are the importance of private property and on the need for a guardian class. Aristotle derides holding property in common on the basis that it is impractical. In Politics, Part V of Book 2, he states, "there is always a difficulty in men living together and having all human relations in common, but especially in their having common property." Aristotle offers two main arguments to promote his opinion. The first is based largely on semantics and therefore misses the point Plato was attempting to make in his Republic. Aristotle's defense of private property is weakest in this respect: that which is held in common by the state is consequentially shared by all citizens. Even women and children come…
Aristotle. Politics. Trans. Benjamin Jowett. Online at The Internet Classics Archive. http://classics.mit.edu/Aristotle/politics.html .
Plato. Republic. Trans. Benjamin Jowett. Online at The Internet Classics Archive. http://classics.mit.edu/Plato/republic.html .
conservative intellectual movement, but also the role of William uckley and William Rusher in the blossoming of the youth conservative movement
Talk about structure of paper, who not strictly chronologically placed (ie hayek before the rest) - in this order for thematic purposes, to enhance the genuiness of the paper (branches of the movement brought up in order of importance to youth conservative revolt) For instance, Hayek had perhaps the greatest impact on the effects of the movement - uckley and Rusher. These individuals, their beliefs, their principles were extremely influential in better understanding the origins, history, and leaders of American conservatism.
Momentous events shape the psyche of an individual as the person matures. A child grows up in poverty vows to never be like his parents, and keeps this inner vow to become a millionaire. A young woman experiences sexual trauma as a teen, and chooses a career that…
George Nash, The Conservative Intellectual Movement in America Since 1945 http://www.nationalreview.com/22dec97/mcginnis122297.html . National review online The Origins of Conservatism George Mc Ginnis
Volume Library #2, p. 2146
Schneider, Cadres for Conservatism
McGinnis, National Review Online
Email to my friend to help her establish a legal Internet site
I understand that you want to set up a legal internet site, and I think your intentions are honorable. Setting up such a site can be a challenge not only in the technical sense of the word, but also in the legal sense since there are some legal strictures that must be met.
As see the example of the E-Bay / Bidder's Edge case, for instance, where Bidder's Edge was sued by E-Bay for having trespassed private property, Internet sites although apparently public can, from a certain aspect, be viewed as private too. Bidder's Edge ended up having to pay for its offense. It would certainly be beneficial, therefore, for us to examine relevant minutiae of its case and see how we can avoid similar problems.
Firstly: what did Bidder's Edge do that was different than…
Legal issues surrounding web sites can be quite complex, and BitLaw ('A resource on technology Law'), for instance, has quite a few pages devoted to this topic. Bitlaw's summary of these issues should be of help to you here. Its discussion of website legal issues are divided into five parts (copyright concerns; domain name concerns; trademark concerns; defamation; and linking and framing) and can be accessed on the following page: http://www.bitlaw.com/internet/webpage.html
Good luck to you in designing your website,
The media has brought many important issues to life for the American public. For example, during the American civil rights movement, many areas of the country that had been hesitant to endorse full equality for African-Americans were horrified when they saw their fellow Americans being beaten simply for demanding their rights. The media was also highly influential in mobilizing the American public against the Vietnam War. Pictures showed more powerfully than words the terrible carnage and suffering generated by the conflict and the lack of progress that American military involvement was generating in Vietnam, despite the loss of many lives. Conversely, the media has also had a highly negative influence upon American opinion when it distorts the facts, such as when it inflamed opinion during the Spanish-American War and the McCarthy era, causing Americans to believe the propaganda disseminated in ostensibly objective venues.
The media can also have a more…
Aron, Leon. (2011). Everything you think you know about the collapse of the Soviet Union was wrong. Foreign Policy. Retrieved September 4, 2011 at http://www.foreignpolicy.com/articles/2011/06/20/everything_you_think_you_know_about_the_collapse_of_the_soviet_union_is_wrong?page=0,3
First Amendment. (2011). Annotated constitution. Cornell Law. Retrieved September 4, 2011 at http://www.law.cornell.edu/anncon/html/amdt1efrag4_user.html
Fourth Amendment. (2011). Annotated constitution. Cornell Law. Retrieved September 4, 2011
These rights are voluntarily given by the people to the government through a 'social contract' and governments exist only to protect such rights.
How Far is Locke's "Theory of Property" reflected in the U.S. Declaration of Independence?
The Declaration of Independence," a formal announcement of independence by the American colonists from British rule in the summer of 1776, is widely believed to be based on John Locke's theories of natural and property rights as well as the right (even obligation) of the people to rebel against a government that fails to honor the 'contract' between rulers and the ruled by failing to protect the rights of the people.
There is no doubt that Thomas Jefferson, the main author of the "Declaration of Independence" was deeply influenced by the Libertarian philosophy of John Locke and the wordings of the Declaration parallel the writings of Locke regarding "the inalienable rights of life,…
German philosopher Hegel developed a philosophy that can be called phenomenology, or Philosophy and the Actual World. Whereas previous philosophers concerned themselves with abstractions, Hegel wanted to apply philosophical inquiry to the world that we can know directly. Hegel appears to be more concerned with effects than with causes. However, Hegel is a philosopher and as such he is eminently concerned with reason.
Like the ancient Greeks, Hegel appreciated the method of the dialectic. The dialectical tool is effective in philosophy because it phrases issues in a question and answer method. The reader places himself or herself in the role of the inquirer, and a knowledgeable philosopher can answer the probing philosophical questions. Using dialectic, Hegel was also able to "converse" with his predecessors in philosophical tradition such as Kant. The dialectic allowed Hegel to grapple with complex philosophical contradictions. Hegel could resolve those contradictions using the tool…
Coase Theorem: Provision of an Alternative Government Regulation and Provision of Services
The objective of this work in writing is to discuss how the Coase Theorem provides an alternative to government regulation and provision of services and to examine how the definition of private property is a critical part of this analysis. Dixit and Olson (2000) state that the most basic claim of Coase Theorem is "that only transaction (or bargaining) costs can prevent voluntary bargaining from attaining Pareto-efficient outcomes." (p.311)
The Argument of Coase
The work of Ronald Coase entitled "The Problem of Social Cost" is such that introduced an idea of critical importance. According to Dixit and Olson (2000, p.310) the argument stated by Coase is "given the precise allocation of property rights and the absence of any costs of information or negotiation, two parties would arrive at a bargain that would internalize any externalities between them." (p.310)…
Hahnel, R. And Sheeran, KA (nd) Misinterpreting the Coase Theorem. Retrieved from: http://e3network.net/resources/Misinterpreting_the_Coase_Theorem.pdf
Dixit, A. And Olson, M. (2000) Does Voluntary Participation Undermine the Coase Theorem? Journal of Public Economics 76 (2000) 309-335. Retrieved from: http://www.cui-zy.cn/Recommended/Yalelaw/CoaseOlsonDixit.pdf
8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: ffirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated ttorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..
b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st mendment..
c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..
d) darand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.
e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate…
A b) Cole v. Burns International Security Company: D.C. District Court applies SCOTUS ruling in Gilmer, to uphold pre-employment arbitration agreements that meet the 5 elements of fairness articulated in Gilmer.
10. Respond to a colleague who asserts that we need to get rid of these liberal activist judges and replace them with conservative judges who interpret the law and do not make the law. (5)
The 2000 SCOTUS decision terminating the by-hand vote count then underway in Florida is a perfect example that "conservative" justices with no prior history of "liberal" statutory interpretation, in fact, make law, as evidenced in the way five "conservative" Republican justices effectively awarded the presidency to George W. Bush by their whim under the color of "judicial interpretation."
John Postal and the environmental protection agency and army corps
John Pozsgai vs. The EPA
Google the name 'John Pozsgai' and you will immediately summon up a series of articles from very divergent sources, some of which laud Pozsgai as a hero, others of which call him as a villain. Conservative sources like The Wall Street Journal and the online magazine eason laud him while others are far more suspicious of the idea that Pozsgai is a victim of the modern environmentalist movement. The evidence is overwhelming that despite numerous warnings that his actions were unwarranted and illegal, Pozsgai persisted in his actions. While it is true that his sentence may have been extremely harsh and that the government may have been able to have gone about mitigating the damage and dealing with Pozsgai in a more sensitive manner before things got out-of-hand, that does not excuse his actions.
Gardner, R. (2011). Lawyers, swamps, and money. Island Press.
Kilpatrick, J. (1990). Scofflaw Pozsgai is due no sympathy. The Morning Call. Retrieved from:
McLarin, J. (1990). Facing jail in a wetlands case. Philly.com. Retrieved from:
However, without taxation, the protective mechanisms that make up the state, such as a standing army to protect the economic apparatus of the nation would not exist. And if taxation must occur to preserve the state, should it not be redistributive, so as not to incapacitate the weakest members of society, and thus would it not cost taxpayers to not have redistributive taxes even more money in the long run, debilitating the coffers of the state still further? While the passage bifurcates the individual's right to private property and the state's duty to protect public welfare, it is not so easy to make such a distinction, for threatening the public good without redistribution ultimately harms private industry's ability to make money and to have a healthy and educated workforce. An uneducated and unhealthy employee without schooling or Medicare helps no company, CEO, or shareholder
Only the most dedicated advocate…
The case is simple. Doug Champlin, a collector an owner of an airplane museum in Arizona, spent $130,000 to recover a sunken Navy BD-1 Devastator off the coast of Florida. The plane had been lost more than 50 years prior to the salvage effort, and as such, Champlin felt that the plane belonged to him. However, the 11th U.S. Circuit Court of Appeals ruled that since Congress had not officially abandoned the plane, that it still belonged to the government, and had to be turned over to the Navy. Champlin felt that if he has to give the plane to the Navy, the least they can do is reimburse him his salvage expenses. This scenario raises a couple of questions.
First, whether or not the government should be subject to the same rules and regulations concerning property as civilians. The answer is no. Special rules must be applied given…
Adams v. Unione Mediterranea di Sicurta. 2000, Aug. 14. Admiralty and Maritime Law Guide. May 26, 2004 http://www.admiraltylawguide.com/circt/5thadams.html .
Bouckaert, Boudewijn. Original Assignment of Private Property. 1999. FindLaw.com May 26, 2004 http://encyclo.findlaw.com/1100book.pdf .
Marx's socialist concepts contributed a lot to the formation of socialist states. His ideas also led to the formation of labor unions and parties across the world.
Karl Marx on Private Property and Communism
Karl states that personal life and property rights have a connection. However, he denounces both and refers to them as bourgeois freedom. He claims that an individual that is not with the society solely works with his private interests and acts according with his own expectations. He says that freedom to own property is hollow, and it only aims to help one acquire something better. Therefore, this does not encourage freedom for all, but gives freedoms to the ruling class only who are also capitalists. He claims that capitalist have the means by which they control how the lower classes develop. The lower class hence depends on the capitalist to develop. However, this would be difficult…
Blumenberg, W. & Scott, D.(1972). Karl Marx: An illustrated biography. London: Verso.
Marshall, J. (1994). John Locke: Resistance, religion and responsibility. Cambridge: Cambridge
S. Constitution as offering much protection but instead view it as being the responsibility of the states to provide protection for private property owners. In the event that the courts "...continue to abdicate their role as the protector of individuals rights, then big government and powerful corporations will continue to run roughshod over the property interest of small landowners." (Liles, 2006, p.372)
Liles holds that the legislature being allowed a leeway that is so constitutionally broad in defining the protections afforded to private property effectively "...defies the necessary checks and balances implicit in our system of government." (p.372) Part of the problem appears to be that the definition applied to 'public use' has become quite lenient over the years and while it in the beginning meant that "the public must own property" it now has been construed to mean that "private parties can own the land so long as the…
Restoring Our Heritage of Property Rights (2006) Mackenzie Center for Public Policy. Online available at: http://www.mackinac.org/archives/2006/heritage.pdf
Hansen, David (2007) Kelo v. New London: Economics and Ethics. 2007. The University of North Carolina at Charlotte North Carolina. Online available at: http://econ.duke.edu/dje/2007_Symp/Hansen.pdf
Liles, Brett D. (2007) Reconsidering Poletown: In the Wake of Kelo, States Should Move to Restore Private Property Rights. Arizona Law Review. Vol. 48:369. Online available at: https://www.law.arizona.edu/Journals/ALR/ALR2006/vol482/Liles.pdf
Kelo, et. Al v. City of New London, Connecticut, et al. In the Supreme Court of the United States. No. 04-108. Washington DC 22 Feb 2005. Online available at: http://www.supremecourtus.gov/oral_arguments/argument_transcripts/04-108.pdf
Surprisingly, there is very little systematic discussion of this fundamental issue in the legal literature (Adverse Possession (http://faculty.palomar.edu/eschultze/Class_Files/LAWCH21.htm)."
The premise of adverse possession is that the land in question is being neglected or ignored by the land owner. Because of this assumed neglect or being ignored, when the squatter uses the land is no longer being neglected. If the land owner turns a blind eye to the use of the land the owner is consenting to give up that land by the very lack of objection.
This theory, which has its roots in Mill, starts with the premise that everybody owns the land in common: there is no such thing as private property because nobody is born with some sort of natural right to any particular piece of property. In other words, everybody has a right to every piece of property in the world. Suppose there's a piece of property…
Adverse possession in Oregon: the belief-in-ownership requirement.
Environmental Law; 6/22/1993; Olson, Per C.
YOU CAN'T CLAIM LANDLORD'S PROPERTY by ADVERSE POSSESSION
St. Louis Post-Dispatch; 11/9/2000; John Roska; Land of Lincoln Legal Assistance Foundation
Stress: Regulation of etlands in the United States
Regulation of etlands in the United States
Defining etlands and their Value
A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or marshes. Lewis defines a wetland as, "an ecosystem that depends on constant or recurrent, shallow inundation or saturation at or near the surface of the substrate" (p.3). He further ascertains that the minimum necessary qualities of a wetland are sustained inundation, saturation or recurrent at or near the surface and the existence of chemical, biological and physical facets that reflect recurrent, saturation and sustained inundation (Lewis 3). The major diagnostic wetland features include hydrophytic vegetation and hydric soils. These characteristics present biotic, anthropogenic or physicochemical features apart from where the growth of these aspects has been blocked (Lewis 3). The wetlands are located near rivers, oceans, lakes or…
Beermann, Jack. Administrative law. Texas: Aspen Publishers Online, Jul 2, 2010
Connolly, Kim Diana, Johnson, Stephen, Williams, Douglas. Wetlands law and policy:
Understanding. New York: American Bar Association, Dec 30, 2005.
Gaddie, Ronald Keith, Regens, James. Regulating wetlands protection: Environmental federalism and the states. New York: SUNY Press, 2000.
The apathy of private landowners discussed earlier may be due to the feeling that one may not feel that individual efforts are important. However, the case in Waldo, Florida demonstrates just how important the actions of one individual can be in averting danger.
Bend, Oregon has developed large community efforts to help reduce fuel in the area. They open up the landfill several times a year free of charge to allow citizens to dispose of debris from thinning and pruning (NCS, 2003). Thinning and pruning around houses creates a barrier of defensible space should a fire threaten. The landscape and fire resistance efforts in Bend have become a social factor.
These case studies demonstrate how communities can be spurred into action. The study conducted by eams, Haines, & enner et al., (2005) found owner apathy as the number one obstacle that they faced in preparing communities in case of a…
Bureau of Land Management (BLM)(2005) Snapshots: Successful BLM Projects Supporting the National Fire Plan. May 13, 2005. Retrieved February 23, 2009 at http://www.blm.gov/pgdata/etc./medialib/blm/nifc/snapshots0/2005.Par.64322.File.dat/05-13-05.pdf
Davis, C. (2001). The West in Flames: The Intergovernmental Politics of Wildfire Suppression and Prevention. The Journal of Federalism. 31-93): 97-110.
FireWise. (2009). About Firewise. National Fire Protection Association. Retrieved February 21, 2009 at http://www.firewise.org .
FireWiseCommunities/USA. (2009). Fire wise Communities/USA. National Fire Protection Association. Retrieved February 21, 2009 at
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…
Times change and so do social institutions. When the laws protecting our privacy were originally drafted there was not even the notion of email. Such a concept was so futuristic as to be well beyond the most imaginative of the Founding Fathers. Today, however, emails have become a regular course of communication between members of society and, as such, they deserve attention. Do they fall within our expectation of privacy or does their digital nature make them automatically public?
The legal case that brought this issue to the forefront was that of a young marine, Lance Corporal Justin Ellsworth of Michigan (Chambers, 2009). Ellsworth was killed in action in Iraq in 2004 but prior to his death he had written emails to this family and friends. After his death, his family requested the email provider, Yahoo, to grant them access to Ellsworth's account but Yahoo refused to honor…
AOL. (2003). AOL Information. Retrieved April 25, 2011, from AOL Legal Department: http://legal.web.aol.com/aol/aolpol/memagree.html
Benson, P. (2007). The Theory of Contract Law. New York: Cambridge University Press.
Chambers, J. (2009, April 21). They win right to see late son's messages. The Detroit News, p. 1.
Kozyris, P.J. (2007). Regulating Internet Abuses: Invasion of Privacy. London: Kluwer Law International.
Nature.... General Will
The ideas to create just and liberal society go all the way back to ancient times. The first examples of civil society were proposed by Plato and Aristotle, who saw the ideal state to be a republic ruled by the wise men and aristocrats as "first among equal." They didn't go in depth to explain its structure, functions of government in details, etc. These were the first discourses about the state where the harmony and equality established by the laws of nature will be preserved and developed. But the history shows that Greek republic failed under the pressure of power-gaining ome and Greek democracy was forgotten for centuries, but some of its principles preserved and where later developed by the philosophers of Enlightenment.
Enlightenment or renaissance of political thought and birth of civil political teachings was represented by a new idea of state, where the power was…
1. Locke, John, The Second Treatise on Government, ed by Thomas P. Peardon, Indianapolis, In.; The Library of Liberal Arts, 1952
2. Lavine, T.Z From Socrates to Sartre Bantam; Reissue edition, 1985
3. Camus, Albert The Stranger Vintage; Reissue edition, 1989
4. Marx, Karl Communist Manifesto Signet Classics; Reprint edition, 1998
On the strength of this, the university can argue that it has fully upheld its responsibilities and the terms of the legally binding contract it has signed with Ms Edwards, with full disclosure and with full knowledge by both parties.
Ms Edwards, on the other hand, is planning to breach her own obligations in terms of the contract, even knowing that the institution is a directly affected party, especially in terms of potential damage to the property it owns. She is further in violation of her contract by not planning to notify the university and by planning to gain financially from this breach of contract. Hence, the university could argue for its own legal standing in terms of the contract as opposed to that of Ms Edwards.
Finally, the university can also argue that Ms Edwards already experiences significant financial gain by using the premises of the university. Her weekly…
Chapter 11: The Tort of Negligence. Retrieved from: http://fds.oup.com/www.oup.com/pdf/13/9780199289714.pdf
Lawdit. (2011, Apr. 1). The Basics of Contract Explained. Retrieved from: http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/the%20basics%20of%20contract%20Law%20in%20England.htm
Letlink. (2012). Residential Letting & Property Management in the UK. Retrieved from: http://www.letlink.co.uk/articles/negligence/property-hazards-and-the-landlord-s-duty-of-care.html
Unfair Contract Terms Act 1977. Retrieved from: http://www.legislation.gov.uk/ukpga/1977/50
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE
SHREK, THE OGRE )
Plaintiff and Respondent, )
) Case CJ -- 2012-1014
FAIRYTALE CREATURES and LORD FARQUAAD )
Defendant and Appellant )
STATEMENT OF FACTS
Shrek the Ogre has for a fair amount of years, owned a property near the swamps -- a place more or less undesirable by the rest of the community of the town. He has lived a quiet existence, keeping out of everyone way, and in this regard has been a model citizen. He has made the claim on the property known in no clearer terms by posting signs which indicate that the property belongs to him, and any intrusion of any sort would not be appreciated. He stresses a great deal of importance for the need of privacy and therefore prefers this seclusion.
The sudden injection of the fairy…
Gallin v. Poulou. No. 16602. California . 10th April 1956.
Halperin v. Pitts. No. A139639. Washington County Circuit Court. 19th March 2010.
Kelo v. New London. No. 545 U.S. 469. Supreme Court of the United States. 23rd June 2005.
Youngstown Sheet and Tube Co. v. Sawyer. No. U.S. 579 . United States Supreme Court . 2nd June 1952.
FP -- Saddle Creek HOA
Letter of Transmittal
Hidden Creek Condominium Association
C/O Christopher Izzo, Condominium Treasurer
620 Frogs Leap Lane
Executive Vice President
SADDLE CEEK CONDOMINIUM ASSOCIATION
Section I INTODUCTION
Section II POPOSAL SUMMAY
Section III COPOATE CAPABILITIES
Section IV THE POPOSAL PLAN
Section V BUDGET JUSTIFICATION
Section V EFEENCES
Section VI VALUE FO SEVICES
We are a privately held firm that has been in business since 1965. We began as a family operated business and have retained that quality today through our personal approach to management services for common interest communities. We started small and though our customer base has grown to over 215 common interest communities, we continue to place personalized, "down-home" services at the forefront. Below are some ways that we do just that:
Our mission statement provides the "aim star" for our provision of property management services.
We strive to provide seamless service…
Saddle Creeek HOA (2011). The Management Group Associates, Inc. Retrieved https//www.tehmgmtgroup.com/saddlecreek/outside_home.asp
Chen, S. (2005). Homeowners Associations, Collective Action and the Costs of Private Governance. Housing Studies, 20 (2), 206-220.
Lewis, R. (2009). Managing Growth with Priority Funding Areas. Journal of the American Planning Association, 75 (4), 457-479.
SECTION VII -- VALUE-ADDED WORK -- Special features
United States singled a shining democratic governance;, U.S. system governance immune criticism. Scholar One of the critiques of democracy discussed within the articles for this assignment is greatly associated with the role that private property and wealth plays in democratic societies. Specifically, within Santas' "Plato's criticism of democracies in The epublic," the author alludes to the fact that the influence of these two external aspects of government -- the private property and wealth of the individual chosen to govern in a democracy -- has the innate potential to corrupt and to subject the needs of the masses who are governed to those of the individuals who are governing.
There is a great possibility that the author is correct regarding this point of criticism. One of the points of validity for this notion is the fact that it is found in literature and is one of the chief points of disparagement…
Beard, C.A. (1993). "Framing the Constitution." American Government: Readings and Cases. New York: Harper Collins.
Gilley, B. (2009). "Is democracy possible?." Journal of Democracy. 20 (1), 113-125.
Ranney, A., Kendall, W. (1951). "Democracy: confusion and agreement."
Santas, G. (2007). "Plato's criticisms of democracy in The Republic." Social Policy & Political Foundation. 70-89. 4, 430-439.
Mandating Green Retrograding Among Income Property Owners
The movement for improved environmental sustainability starts with individual property owners. However, property ownership remains one of the most significant and determinant socioeconomic dividing lines in American society. The result is a clear socioeconomic dividing line where sustainability and conservation are concerned. In spite of the critical importance of adapting our consumption habits, lifestyle orientation and energy usage to meet changing needs, many Americans lack the basic ownership rights to participate in some key initiatives. Central among them is the impetus for Green building practices. As the research and discussion presented hereafter with show, this is an impetus to which most home-renters are unable to respond. As the research will note, the need to account for the significant population of Americans who rent when imposing regulatory policies effecting green building standards is today a central element of any plan to reduce…
Unfortunately, substantial evidence persists to suggest that these programs do not go far enough to address the renter/owner conundrum. Many tax incentive options are available only to property owners in their primary dwelling. Though some owners may see breaks on insurance of income properties for certain upgrades there is no significant program that aides property owners in upgrading income properties for energy efficiency. The owner of the property has a conflict of interest in that their desire is to have the home occupied, with the least possible out of pocket expense for the property. Therefore installing energy efficient appliances is often far from the top of the priority list, as the cost of running appliances falls on the occupier (Gardner & Stern, 2008).
Additionally, the value of properties from which owners collect rent is often viewed as profitable in the short-term. This differs from the property owner with intent to maintain, improve and eventually resell a property for profit. In today's particularly anemic housing market, collecting a monthly rent check stands as a much sturdier priority than such interests as either environmental sustainability or cost-controls for the long-term posterity of the structure. The result is a reluctance on the part of many property owners to install additional insulation, to replace older windows with high efficiency windows, to purchase weather-resistant doors and to upgrade older, energy-consuming appliances and temperature-control units. While this may improve property value in the long-term and raise eventual resale or even rental value, if the intention is lacking in the immediate future to make such a sale or a change in lessees, any such changes would cost more in the short-term and would therefore be unattractive to many income property owners. Moreover, these types of big ticket efficiency upgrades are very unlikely to be performed by a renter, who will be unlikely to see significant long-term financial gain from this type of overall improvement to the owner's property.
This dynamic helps point to the critical importance of providing meaningful financial incentives for the income property owner to make the types of changes and upgrades cited here above. First, some consideration should be given to existing programs designed to bring about change for property owners. Tax incentive programs carry merit but are neither substantial or widespread enough to stimulate the type of change called for here. According to the text by Moreno (2011) "income tax credits for going green are available in 22 states. Michigan has a refundable credit for
The State is just taking back its rightful property under the contractual obligations of the agreement signed between the host State and the foreign investor who' assets are being seized in the expropriation. Another cause for direct expropriation is the concept that the State will in some way gain financially, socially, or economically from the expropriate assets beyond their value of compensation. If a particular investment can generate more positive results in the hands of the State, it is legal to file expropriation proceedings if the full value of compensation is covered as determine by an international tribunal.
In the European Union, direct expropriations are most common. Based on a common peace and favorable diplomatic relations between the countries within the European Union, there is little need for many investors to worry about unlawful and forceful expropriation, as seen in developing or communist nations. Some investors may invest within a…
Dolzer, Rudolf & Schruer, Cristoph. (2008). Principles of International Investment Law. Oxford University Press.
Edsall, Rachel D. (2007). Indirect expropriation under NAFTA and DRCAFTA: potential inconsistencies in the treatment of state public welfare regulations. Boston University Law Review. Vol 86:931-962.
Hober, Kaj. (2007). Investment Arbitration in Eastern Europe: In Search of a Definition of Expropriation. Juris Publishing Inc.
Merriam-Webster. (1998). Collegiate Dictionary. 1 oth ed. Merriam Webster Publishing.
It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial. This is the situation…
"Fourth Amendment: Search and Seizure." U.S. Government Printing Office.
Retrieved from http://www.gpo.gov/fdsys/pkg/GPO-CONAN-2002/pdf/GPO -
Georgia v. Randolph, 278 G. 614,604 S.E. 2d 835. (2006). Retrieved from http://www.law.cornell.edu/supremecourt/text/04-1067/#writing-ZS
Many states, such as Virginia, are training private security officers in order to ensure smooth cooperation and coordination between security companies without police powers and the police and sheriff's departments. In Washington D.C., the municipal police department requires private security officers to be licensed as "special police" officers in order to legally search or arrest people. Cooperation can reach significant proportions, as in the case of the Minneapolis Police Department's "SafeZone" program, which place private security officers downtown who now outnumber Minneapolis Police Department officers there 13 to 1.
4. Industries and organizations that use special and/or commissioned officers and for what purposes
a. There is a truly broad range of industries and organizations which use special police officers. These organizations tend to have significant financial resources, large premises, and sensitive security needs which they believe cannot be met by the existing public police force. These often involve the need…
Amy Goldstein, Washington Post, the Private Arm of the Law January 2, 2007
The 1980s (the period when onald eagan was the U.S. President) witnessed a series of government measures targeting environmental regulations. This resulted in public outrage against the anti-environmental policies of the government leading to a renewed interest in nature clubs and groups and the formation of radical groups who led strong movements to protect the environment. (vii) the post- eagan resurgence (1990s onwards) - President Bush and President Clinton did not take the radical stance of their predecessor. However, President George W. Bush has taken many measures which have weakened the environmental movement instead of strengthening it. This includes opposing curbs on greenhouse emissions via the Kyoto Protocol, supporting oil drilling in the ANW or Arctic National Wildlife ange, weakening clean air standards and lifting the ban on logging in forests.
3) How does economics determine the public's opinion regarding environmental issues? Discuss the values of the dominant social paradigm…
Bocking, Stephen. Nature's Experts: Science, Politics, and the Environment. Rutgers University Press. 2004.
Palmer, Mike. Pathways of Nutrients in the Ecosystem - Pathways of elements in ecosystem. http://www.okstate.edu/artsci/botany/bisc3034/lnotes/nutrient.htm
Redclift, M. R; Woodgate, Graham. The International Handbook of Environmental Sociology. Edward Elgar Publishing, 2000.
Schmidtz, David; Willott, Elizabeth. Environmental Ethics: What Really Matters, what Really Works. Oxford University Press U.S., 2002.
Meanwhile, Dwight R. Lee (writing in The Independent Review, 2001) points to a situation where a powerful environmental group (Audubon Society) has cooperated with an energy company and both have profited. Free market environmentalism has shown the way for profits and preservation at the same time in this case. The Audubon Society (AS) owns the 26,000-acre Rainey Sanctuary in the swamps of Louisiana, and while the group is opposed to oil drilling and gas drilling in 99 out of 100 cases, the AS has "been willing to accommodate the interests of those whose priorities are different" (Lee, p. 219). Those interests include allowing thirty-seven wells to be exploited for oil and gas in the Rainey Sanctuary.
According to Lee, the AS has received royalties of more than $25 million from those 37 wells, and in the meantime the technology used in the oil and gas development has prevented any spills…
Anderson, Terry L., and Leal, Donald R. Free Market Environmentalism. New York: Palgrave
Lee, Dwight R. "To Drill or Not to Drill: Let the Environmentalists Decide." The Independent
Review, VI.2 (2001): 217-226.
Segregation, denial of voting rights, and systemic terrorization were part of the everyday life of many African-Americans. Following the Civil Rights Movement, African-Americans had the same legal rights as other Americans. The years following the Civil Rights Movement have seen those legal rights bloom into actual rights. In approximately 50 years, the United States has gone from a country that was sharply divided along racial lines, to a country where the most influential members of the President's cabinet are African-Americans. Furthermore, the wealthiest, and perhaps most influential, entertainer, Oprah infrey, is an African-American.
hile there is some surface validity to the idea that American policy is dominated by a power elite, there is too much evidence that contradicts the idea of a true power elite. First, there has been a major revolution in American society in the last 50 years. The country has gone from an almost apartheid-like system…
Abraham Lincoln." WhiteHouse.gov. 2005. The White House. 9 Mar. 2005 http://www.whitehouse.gov/history/presidents/al16.html .
Andrew Jackson." WhiteHouse.gov. 2005. The White House. 9 Mar. 2005 http://www.whitehouse.gov/history/presidents/aj7.html .
Gates, Bill and Melinda French Gates. "Letter from Bill and Melinda French Gates." Bill and Melinda Gates Foundation. 2005. Bill and Melinda Gates Foundation. 9 Mar. 2005. http://www.gatesfoundation.org/AboutUs/LetterfromBillMelindaFrenchGates/default.htm .
Lyndon Johnson." WhiteHouse.gov. 2005. The White House. 9 Mar. 2005 http://www.whitehouse.gov/history/presidents/lj36.html .
UK Pensions Policy" - Social Policy Area
The pension policy of the UK is one that is followed as a model by various other parts of the world for its efficient dealing with the problem of pensions for the aged of the UK. The government takes a ken interest in reforms in the area of pensions, and it was for this reason that it announced the latest set of reforms in the year 2000, in its 'pre-budget report' that was released in the month of November of the same year. The report contained a series of reforms and improvements for pensioners. Some of the measures were: increases in the pensions according to the above- inflation rates, above inflation increases in the rates of the 'minimum income guarantee', also known as the MIG, and the introduction of the newly formulated 'pension credit' that was basically a means tested benefit for the…
An Introduction to Social Policy. Social policy in the UK. Retrieved from http://www2.rgu.ac.uk/publicpolicy/introduction/uk.htm Accessed on 3 November 2004
Clark, Tom. Pensions Policy and pension Credit. The Institute for Fiscal Studies. Briefing Note: No: 17. Retrieved From http://www.ifs.org.uk/pensions/bn17.pdf
Accessed on 3 November 2004
Contractors Face Bleak Retirement. Contractor, UK. Retrieved From