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This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area.
Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.
Richard Lechthaler moved to Vermont in 1968 after a career in Manhattan. Over the years, he enjoyed hearing Vermont stories, embraced the idea of citizen government, and took part in whatever seasonal and community events he could. One story stuck with him, that of Vermont farmer Romaine Tenney, who refused to leave his land when it was confiscated for the building of I-91. In Just Compensation, Lechthaler has created a fictional character, Rayland Jensen, and the town of Towsley, to address the broader questions at the heart of Tenney's refusal - can a government ever truly compensate someone for the loss of his property, his livelihood, his place in the world. Simultaneously, the novel explores the question of progress - Is it inherently a good thing? Who gets to decide? In so doing, Lechthaler also reconstructs the stories of a vanished Vermont, one in which it was not unusual for hill farmers to milk by hand, for rural homes to not have electricity, and for communities to be more like families, facing change and difficulty, both close to home and far away, together. This novel will make you ache for that quieter time while realizing that it, too, could not have lasted forever as the planet and Vermont itself became more populated and more complex. For such is life ... but the life and lives of this fictional community remain something worth remembering and honoring.
The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation presents an overview of the economics of eminent domain. Beginning with a brief review of the relevant case law for both physical acquisitions and for regulatory takings, the authors survey the economics literature examining eminent domain.
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.