ASHUTOSH BHAGWAT
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195377781
- eISBN:
- 9780199775842
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195377781.003.007
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines protection of private property and the sanctity of contract from governmental overreaching in the Constitution. In the body of the Constitution itself, the Contracts Clause of ...
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This chapter examines protection of private property and the sanctity of contract from governmental overreaching in the Constitution. In the body of the Constitution itself, the Contracts Clause of Article I, Section 10 specifically forbids state governments from “impairing the Obligation of Contracts”; one of the very few limitations imposed on states by the Constitution, it should be noted, and the only one (other than the ban on titles of nobility) that is not understandable as simply preventing state governments from intruding on the powers of the new national government. In the Bill of Rights, two provisions of the Fifth Amendment specifically protect property: the Due Process Clause, which provides that no person shall “be deprived of life, liberty, or property, without due process of law”; and the so-called Takings Clause, which states that “nor shall private property be taken for public use without just compensation.” Finally, the Fourth Amendment's assurance that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated” also has the effect of protecting private property from governmental intrusions.Less
This chapter examines protection of private property and the sanctity of contract from governmental overreaching in the Constitution. In the body of the Constitution itself, the Contracts Clause of Article I, Section 10 specifically forbids state governments from “impairing the Obligation of Contracts”; one of the very few limitations imposed on states by the Constitution, it should be noted, and the only one (other than the ban on titles of nobility) that is not understandable as simply preventing state governments from intruding on the powers of the new national government. In the Bill of Rights, two provisions of the Fifth Amendment specifically protect property: the Due Process Clause, which provides that no person shall “be deprived of life, liberty, or property, without due process of law”; and the so-called Takings Clause, which states that “nor shall private property be taken for public use without just compensation.” Finally, the Fourth Amendment's assurance that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated” also has the effect of protecting private property from governmental intrusions.
J. E. Parkinson
- Published in print:
- 1995
- Published Online:
- March 2012
- ISBN:
- 9780198259893
- eISBN:
- 9780191682018
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198259893.001.0001
- Subject:
- Law, Company and Commercial Law
This book argues that it should be the function of company law to promote public interest. Examining a number of topical and controversial issues from this perspective, including the adequacy of ...
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This book argues that it should be the function of company law to promote public interest. Examining a number of topical and controversial issues from this perspective, including the adequacy of corporate governance arrangements, the Nexus of Contracts theory of the company, and the role of markets, the book explains why the theory of company law has to be understood in order for the day-to-day practice of company lawyers to be fully appreciated. The book explores in some depth the protection of interests largely ignored by company law, such as those of employees and the local community, and the safeguarding of the environment from corporate abuse.Less
This book argues that it should be the function of company law to promote public interest. Examining a number of topical and controversial issues from this perspective, including the adequacy of corporate governance arrangements, the Nexus of Contracts theory of the company, and the role of markets, the book explains why the theory of company law has to be understood in order for the day-to-day practice of company lawyers to be fully appreciated. The book explores in some depth the protection of interests largely ignored by company law, such as those of employees and the local community, and the safeguarding of the environment from corporate abuse.
John Flint (ed.)
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9781861346858
- eISBN:
- 9781447302544
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861346858.001.0001
- Subject:
- Sociology, Urban and Rural Studies
This book explores an issue of growing importance to policy makers, academics, housing practitioners and students. It brings together contributions from the most prominent scholars in the field to ...
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This book explores an issue of growing importance to policy makers, academics, housing practitioners and students. It brings together contributions from the most prominent scholars in the field to provide a range of theoretical perspectives, critical analysis and empirical research findings about the role of housing and urban governance in addressing anti-social behaviour. Chapters assess constructions of anti-social behaviour in policy discourse, identify how housing is increasingly central to the governance of anti-social behaviour and critically evaluate a wide range of measures used by housing and other agencies to tackle what is perceived to be a growing social problem. Although the book focuses on the UK, comparative international perspectives are provided from France, Australia and the United States. The book covers definitions of anti-social behaviour and policy responses including key new legislation and the legal role of social landlords in governing anti-social behaviour. There is coverage of key measures including eviction, probationary tenancies, Anti-social Behaviour Orders, mediation and Acceptable Behaviour Contracts, and of innovative developments such as gated communities, intensive support services and the use of private security.Less
This book explores an issue of growing importance to policy makers, academics, housing practitioners and students. It brings together contributions from the most prominent scholars in the field to provide a range of theoretical perspectives, critical analysis and empirical research findings about the role of housing and urban governance in addressing anti-social behaviour. Chapters assess constructions of anti-social behaviour in policy discourse, identify how housing is increasingly central to the governance of anti-social behaviour and critically evaluate a wide range of measures used by housing and other agencies to tackle what is perceived to be a growing social problem. Although the book focuses on the UK, comparative international perspectives are provided from France, Australia and the United States. The book covers definitions of anti-social behaviour and policy responses including key new legislation and the legal role of social landlords in governing anti-social behaviour. There is coverage of key measures including eviction, probationary tenancies, Anti-social Behaviour Orders, mediation and Acceptable Behaviour Contracts, and of innovative developments such as gated communities, intensive support services and the use of private security.
Alan Rosenthal
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9781784993023
- eISBN:
- 9781526109804
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993023.001.0001
- Subject:
- Film, Television and Radio, Film
The book’s aim is to help readers, both students and practicing filmmakers cope with the everyday challenges of making non fiction films in the real world. The method used is that of the case study, ...
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The book’s aim is to help readers, both students and practicing filmmakers cope with the everyday challenges of making non fiction films in the real world. The method used is that of the case study, as the author, analyses in detail seven films he has worked on. Thus the reader follows the films through birth of the idea, through proposal, contract etc., till completion. Many of the chapters are then followed by a few pages advising how to deal with some of the central issues raised in the chapter. These pages deal in greater depth with subjects such as proposal writing, budgeting, contractual problems, co-productions and making the family film.Each chapter also contains supplementary materials which illustrate the progress of the film such as the original film proposal, budgets, marketing plans, and extracts from the proposed narration.The book further contains three chapters, based on the author’s personal experiences, which touch on wider but very significant issues in making non-fiction films. These issues include the whole process of film pitching and attendance at film festivals. Another issue raised and discussed in a series of letters is the relationship of the filmmaker with his or her distributor, and advice given by the latter. Finally the author discusses a number of filmmakers who have inspired his own work.The films chosen for analysis run the gamut from observational films, through historic documentaries to the making of a feature docudrama. Thus their subjects include the adventures of a street musician, pitching a proposal on the history of opera, pursuing a Nazi war criminal, and life in Russia.Told with great humor, style and wit, and showing both obstacles and solutions, this very readable book should become essential reading for any aspiring non fiction filmmaker.Less
The book’s aim is to help readers, both students and practicing filmmakers cope with the everyday challenges of making non fiction films in the real world. The method used is that of the case study, as the author, analyses in detail seven films he has worked on. Thus the reader follows the films through birth of the idea, through proposal, contract etc., till completion. Many of the chapters are then followed by a few pages advising how to deal with some of the central issues raised in the chapter. These pages deal in greater depth with subjects such as proposal writing, budgeting, contractual problems, co-productions and making the family film.Each chapter also contains supplementary materials which illustrate the progress of the film such as the original film proposal, budgets, marketing plans, and extracts from the proposed narration.The book further contains three chapters, based on the author’s personal experiences, which touch on wider but very significant issues in making non-fiction films. These issues include the whole process of film pitching and attendance at film festivals. Another issue raised and discussed in a series of letters is the relationship of the filmmaker with his or her distributor, and advice given by the latter. Finally the author discusses a number of filmmakers who have inspired his own work.The films chosen for analysis run the gamut from observational films, through historic documentaries to the making of a feature docudrama. Thus their subjects include the adventures of a street musician, pitching a proposal on the history of opera, pursuing a Nazi war criminal, and life in Russia.Told with great humor, style and wit, and showing both obstacles and solutions, this very readable book should become essential reading for any aspiring non fiction filmmaker.
Nicola Lacey
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199264070
- eISBN:
- 9780191698903
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264070.003.0008
- Subject:
- Law, Legal Profession and Ethics
This chapter focuses on the norms and doctrines of criminal law in order to ask three questions which echo those raised in Hugh Collins's Regulating Contracts. The argument begins by sketching out ...
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This chapter focuses on the norms and doctrines of criminal law in order to ask three questions which echo those raised in Hugh Collins's Regulating Contracts. The argument begins by sketching out the theoretical framework which shapes the analysis, tracing its application to the various aspects of criminalization. Second, it applies this analysis to a number of key aspects of criminal law viewed in historical perspective, so as to tease out the regulatory aspects of modern criminal law in England and Wales. Third, it addresses some of the questions raised in the introduction to this collection, so as to examine the regulatory and meta-regulatory actuality and potential of criminal law in the contemporary regulatory state.Less
This chapter focuses on the norms and doctrines of criminal law in order to ask three questions which echo those raised in Hugh Collins's Regulating Contracts. The argument begins by sketching out the theoretical framework which shapes the analysis, tracing its application to the various aspects of criminalization. Second, it applies this analysis to a number of key aspects of criminal law viewed in historical perspective, so as to tease out the regulatory aspects of modern criminal law in England and Wales. Third, it addresses some of the questions raised in the introduction to this collection, so as to examine the regulatory and meta-regulatory actuality and potential of criminal law in the contemporary regulatory state.
Hilary Charlesworth and Christine Chinkin
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199264070
- eISBN:
- 9780191698903
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264070.003.0013
- Subject:
- Law, Legal Profession and Ethics
Regulatory theory is concerned with how various forms of regulation, including law, govern social interaction. Much of the theoretical work on legal regulation has been developed in the context of ...
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Regulatory theory is concerned with how various forms of regulation, including law, govern social interaction. Much of the theoretical work on legal regulation has been developed in the context of domestic law. This chapter examines international law in the particular setting of regulation of outsider entities, such as failed and nascent states, that is where international regulation fills the vacuum caused by the collapse of domestic institutions and the rule of law. Through a brief examination of international regulation in Bosnia–Hercegovina and East Timor, this chapter asks what light a regulatory lens sheds on international law. Drawing on Hugh Collins's starting questions in Regulating Contracts, it investigates whether the international law in this area conceives of relations in ways that are different from the frameworks in which they operate.Less
Regulatory theory is concerned with how various forms of regulation, including law, govern social interaction. Much of the theoretical work on legal regulation has been developed in the context of domestic law. This chapter examines international law in the particular setting of regulation of outsider entities, such as failed and nascent states, that is where international regulation fills the vacuum caused by the collapse of domestic institutions and the rule of law. Through a brief examination of international regulation in Bosnia–Hercegovina and East Timor, this chapter asks what light a regulatory lens sheds on international law. Drawing on Hugh Collins's starting questions in Regulating Contracts, it investigates whether the international law in this area conceives of relations in ways that are different from the frameworks in which they operate.
Roger Matthews, Helen Easton, Daniel Briggs, and Ken Pease
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9781847420572
- eISBN:
- 9781447301509
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847420572.003.0002
- Subject:
- Social Work, Crime and Justice
This chapter summarises the findings of the research which explored the operation, views and experiences of the relevant agencies in selecting and processing cases of Anti-Social Behaviour Orders ...
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This chapter summarises the findings of the research which explored the operation, views and experiences of the relevant agencies in selecting and processing cases of Anti-Social Behaviour Orders (ASBOs) in the United Kingdom. It analyses both the conceptual and practical issues that have arisen in different locations and in different agencies. The findings are discussed under the following headings: variations in attitudes and experience in different boroughs; interagency partnership and cooperation; criteria for selecting and processing cases; the problem of definition; the shift from ASBOs to Anti-Social Behaviour Orders on Conviction; formulating the conditions for ASBOs; the provision of support and welfare services; the use of ASBOs in relation to Acceptable Behaviour Contracts and Parenting Orders; and breaches and enforcement.Less
This chapter summarises the findings of the research which explored the operation, views and experiences of the relevant agencies in selecting and processing cases of Anti-Social Behaviour Orders (ASBOs) in the United Kingdom. It analyses both the conceptual and practical issues that have arisen in different locations and in different agencies. The findings are discussed under the following headings: variations in attitudes and experience in different boroughs; interagency partnership and cooperation; criteria for selecting and processing cases; the problem of definition; the shift from ASBOs to Anti-Social Behaviour Orders on Conviction; formulating the conditions for ASBOs; the provision of support and welfare services; the use of ASBOs in relation to Acceptable Behaviour Contracts and Parenting Orders; and breaches and enforcement.
Fred C. Smith
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9781617039560
- eISBN:
- 9781626740099
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781617039560.003.0006
- Subject:
- History, American History: 20th Century
Delta Cooperative Farm and the Death of a Vision is a narrative of a noble experiment that failed. Of the three communities, The Delta Cooperative Farm was the most radical, romantic, practical, and ...
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Delta Cooperative Farm and the Death of a Vision is a narrative of a noble experiment that failed. Of the three communities, The Delta Cooperative Farm was the most radical, romantic, practical, and pitiful in its demise. The promises made by the bosses at Hillhouse were not fulfilled; almost as soon as the promise of collective ownership of the means of production was made, it was withdrawn. The failure of the Socialists and liberal Christians to work together for good is demonstrated at Hillhouse. Chapter VI, Leaving Goshen, is conclusion and observation.Less
Delta Cooperative Farm and the Death of a Vision is a narrative of a noble experiment that failed. Of the three communities, The Delta Cooperative Farm was the most radical, romantic, practical, and pitiful in its demise. The promises made by the bosses at Hillhouse were not fulfilled; almost as soon as the promise of collective ownership of the means of production was made, it was withdrawn. The failure of the Socialists and liberal Christians to work together for good is demonstrated at Hillhouse. Chapter VI, Leaving Goshen, is conclusion and observation.
Jean-Jacques Aubert
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780748668175
- eISBN:
- 9780748684328
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748668175.003.0010
- Subject:
- Law, Legal History
Roman Law accepted the fact that dependants endowed with a peculium could engage their principal’s liability up to the extent of the peculium. This statement implies that third contracting parties, ...
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Roman Law accepted the fact that dependants endowed with a peculium could engage their principal’s liability up to the extent of the peculium. This statement implies that third contracting parties, even more so than principals and agents, could figure out the value – and the nature – of the peculium at the relevant time, in order to be able to sue the principal for a definite, precise, and accurate amount of money, and thus avoid the double trap of damaging minus petitio or lethal plus petitio. Peculia were composed of various assets and liabilities, traces of which should be found in account books, the existence and reliability of which cannot be taken for granted. In view of the difficulties raised in the application of the actio de peculio, Roman jurists devised alternative, fairer, and more straightforward legal remedies (actio tributoria, actiones in solidum, i.e. institoria or exercitoria) to facilitate the legal implementation of commercial transactions (contracts) carried out through dependants.Less
Roman Law accepted the fact that dependants endowed with a peculium could engage their principal’s liability up to the extent of the peculium. This statement implies that third contracting parties, even more so than principals and agents, could figure out the value – and the nature – of the peculium at the relevant time, in order to be able to sue the principal for a definite, precise, and accurate amount of money, and thus avoid the double trap of damaging minus petitio or lethal plus petitio. Peculia were composed of various assets and liabilities, traces of which should be found in account books, the existence and reliability of which cannot be taken for granted. In view of the difficulties raised in the application of the actio de peculio, Roman jurists devised alternative, fairer, and more straightforward legal remedies (actio tributoria, actiones in solidum, i.e. institoria or exercitoria) to facilitate the legal implementation of commercial transactions (contracts) carried out through dependants.
Richard A. Conn
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780231179263
- eISBN:
- 9780231542029
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231179263.003.0014
- Subject:
- Economics and Finance, Macro- and Monetary Economics
Chapter 13: argues that the creation of an agreed upon framework that interacts with private party contracts or restricts contractual options ex ante is a logical alternative to the status quo. This ...
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Chapter 13: argues that the creation of an agreed upon framework that interacts with private party contracts or restricts contractual options ex ante is a logical alternative to the status quo. This approach can provide greater stability and efficiency in the restructuring process while allowing for sufficient flexibility and certainty for market participants. He claims that there are procedural frameworks that could add value to the restructuring process with less risk of treading on the political terrain of sovereigns. The chapter discusses the catalyst for recent efforts to create a framework for and the context for evaluating sovereign debt restructuring; a strategy to successfully adopt a framework that deals with problems that require resolution; highlights the deficiencies of relying solely upon private party contractual revisions; discusses practical impediments to a substantive law approach to sovereign debt restructuring; and finally, puts forward specific proposals for a consensual, procedural framework designed to earn broad political support.Less
Chapter 13: argues that the creation of an agreed upon framework that interacts with private party contracts or restricts contractual options ex ante is a logical alternative to the status quo. This approach can provide greater stability and efficiency in the restructuring process while allowing for sufficient flexibility and certainty for market participants. He claims that there are procedural frameworks that could add value to the restructuring process with less risk of treading on the political terrain of sovereigns. The chapter discusses the catalyst for recent efforts to create a framework for and the context for evaluating sovereign debt restructuring; a strategy to successfully adopt a framework that deals with problems that require resolution; highlights the deficiencies of relying solely upon private party contractual revisions; discusses practical impediments to a substantive law approach to sovereign debt restructuring; and finally, puts forward specific proposals for a consensual, procedural framework designed to earn broad political support.
Peter Squires and Carlie Goldsmith
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9781447330523
- eISBN:
- 9781447330578
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447330523.003.0003
- Subject:
- Social Work, Communities and Organizations
Peter Squires and Carlie Goldsmith examine social exclusion of youth and the conservative the ideology of the ‘broken society.’
They address young people’s hardship and marginality through a critical ...
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Peter Squires and Carlie Goldsmith examine social exclusion of youth and the conservative the ideology of the ‘broken society.’
They address young people’s hardship and marginality through a critical analysis of neo-liberal political ideology.
They that young adult ‘quality of life’ has diminished as a result of ‘tough justice’ and punitive welfare policies.
They question the neo-liberal approach to young adults with its focus on risk and compliance measures while young people receive sanctions, disciplines and punishments.Less
Peter Squires and Carlie Goldsmith examine social exclusion of youth and the conservative the ideology of the ‘broken society.’
They address young people’s hardship and marginality through a critical analysis of neo-liberal political ideology.
They that young adult ‘quality of life’ has diminished as a result of ‘tough justice’ and punitive welfare policies.
They question the neo-liberal approach to young adults with its focus on risk and compliance measures while young people receive sanctions, disciplines and punishments.
Martin Guzman and Joseph E. Stiglitz
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780231179263
- eISBN:
- 9780231542029
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231179263.003.0002
- Subject:
- Economics and Finance, Macro- and Monetary Economics
Recent controversies surrounding sovereign debt restructurings show the weaknesses of the current market-based system in achieving efficient and fair solutions to sovereign debt crises. This article ...
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Recent controversies surrounding sovereign debt restructurings show the weaknesses of the current market-based system in achieving efficient and fair solutions to sovereign debt crises. This article reviews the existing problems and proposes solutions. It argues that improvements in the language of contracts, although beneficial, cannot provide a comprehensive, efficient, and equitable solution to the problems faced in restructurings–but there are improvements within the contractual approach that should be implemented. Ultimately, the contractual approach must be complemented by a multinational legal framework that facilitates restructurings based on principles of efficiency and equity. Given the current geopolitical constraints, in the short-run we advocate the implementation of a “soft law” approach, built on the recognition of the limitations of the private contractual approach and on a set of principles – most importantly, the restoration of sovereign immunity – over which there may be consensus. We suggest that in a context of political economy tensions it should be impossible for a government to sign away the sovereign immunity either for itself or successor governments. The framework could be implemented through the United Nations, or it could prompt the creation of a new institution.Less
Recent controversies surrounding sovereign debt restructurings show the weaknesses of the current market-based system in achieving efficient and fair solutions to sovereign debt crises. This article reviews the existing problems and proposes solutions. It argues that improvements in the language of contracts, although beneficial, cannot provide a comprehensive, efficient, and equitable solution to the problems faced in restructurings–but there are improvements within the contractual approach that should be implemented. Ultimately, the contractual approach must be complemented by a multinational legal framework that facilitates restructurings based on principles of efficiency and equity. Given the current geopolitical constraints, in the short-run we advocate the implementation of a “soft law” approach, built on the recognition of the limitations of the private contractual approach and on a set of principles – most importantly, the restoration of sovereign immunity – over which there may be consensus. We suggest that in a context of political economy tensions it should be impossible for a government to sign away the sovereign immunity either for itself or successor governments. The framework could be implemented through the United Nations, or it could prompt the creation of a new institution.
Michael Williams
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9789888390533
- eISBN:
- 9789888455102
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888390533.003.0006
- Subject:
- History, Asian History
Remittances, letters, qiaokan, visits, and the sending of bones have been discussed in the Chapter 5, as were the organizations and practices that facilitated these. In this chapter is examined the ...
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Remittances, letters, qiaokan, visits, and the sending of bones have been discussed in the Chapter 5, as were the organizations and practices that facilitated these. In this chapter is examined the less tangible, often psychological aspects, such as the motivations that lay behind the tangible elements. Underpinning the remittances and stores, the families in the qiaoxiang, and the years of effort in the destinations was the necessity to earn an income. The nature of these incomes, what these incomes meant to those in the qiaoxiang, and the jobs that secured these incomes are discussed. Considerations of income are incomplete, however, without also considering what was done with the money and why. The second part of this chapter will therefore discuss the role of prestige and social status in the establishment and maintenance of the qiaoxiang links.Less
Remittances, letters, qiaokan, visits, and the sending of bones have been discussed in the Chapter 5, as were the organizations and practices that facilitated these. In this chapter is examined the less tangible, often psychological aspects, such as the motivations that lay behind the tangible elements. Underpinning the remittances and stores, the families in the qiaoxiang, and the years of effort in the destinations was the necessity to earn an income. The nature of these incomes, what these incomes meant to those in the qiaoxiang, and the jobs that secured these incomes are discussed. Considerations of income are incomplete, however, without also considering what was done with the money and why. The second part of this chapter will therefore discuss the role of prestige and social status in the establishment and maintenance of the qiaoxiang links.
Joseph B. Raskin
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780823253692
- eISBN:
- 9780823261109
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823253692.003.0001
- Subject:
- History, American History: 20th Century
This chapter provides an overview of the plans to expand the subway system from the time of the construction of the first line through the start of the postwar era in 1945. It introduces several of ...
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This chapter provides an overview of the plans to expand the subway system from the time of the construction of the first line through the start of the postwar era in 1945. It introduces several of the key figures in the planning and development of the lines that were built, as well as the lines that did not achieve fruition.Less
This chapter provides an overview of the plans to expand the subway system from the time of the construction of the first line through the start of the postwar era in 1945. It introduces several of the key figures in the planning and development of the lines that were built, as well as the lines that did not achieve fruition.
Lewis Johnman and Hugh Murphy
- Published in print:
- 2005
- Published Online:
- January 2019
- ISBN:
- 9780973893403
- eISBN:
- 9781786944641
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.5949/liverpool/9780973893403.003.0008
- Subject:
- History, Maritime History
This chapter explores the Trafalgar House ownership of Scott Lithgows; the disastrous Ocean Alliance contract; and the accusations of negligence Trafalgar House made against British Shipbuilders (BS) ...
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This chapter explores the Trafalgar House ownership of Scott Lithgows; the disastrous Ocean Alliance contract; and the accusations of negligence Trafalgar House made against British Shipbuilders (BS) that resulted in a saga of claim and counterclaim over culpability for the Ocean Alliance. It states that nationalisation and subsequent privatisation preserved employment in the area for a number of years, but that Trafalgar House resoundingly failed to transform Scott Lithgow’s prospects. They failed to break even and the shipyard closed for good in 1990.Less
This chapter explores the Trafalgar House ownership of Scott Lithgows; the disastrous Ocean Alliance contract; and the accusations of negligence Trafalgar House made against British Shipbuilders (BS) that resulted in a saga of claim and counterclaim over culpability for the Ocean Alliance. It states that nationalisation and subsequent privatisation preserved employment in the area for a number of years, but that Trafalgar House resoundingly failed to transform Scott Lithgow’s prospects. They failed to break even and the shipyard closed for good in 1990.
- Published in print:
- 2002
- Published Online:
- March 2013
- ISBN:
- 9780226238081
- eISBN:
- 9780226238104
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226238104.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on the Reagan platform which was constitutionally mandated as studied by Richard Epstein, a brilliant libertarian scholar at the University of Chicago Law School. He argued that ...
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This chapter focuses on the Reagan platform which was constitutionally mandated as studied by Richard Epstein, a brilliant libertarian scholar at the University of Chicago Law School. He argued that most government regulations violate the Constitution's Takings Clause and its companion, the Contracts Clause. Epstein talked about a striking governmental, especially federal, power that is illustrated in his book using as an example employment discrimination. Although Epstein argues that special limits apply to the federal government, he believes the powers of all levels of government should be sharply limited. According to Epstein, most existing regulations are beyond the power of any level of government because they are unconstitutional takings of private property. He also recognizes that people have relied in important ways on current law.Less
This chapter focuses on the Reagan platform which was constitutionally mandated as studied by Richard Epstein, a brilliant libertarian scholar at the University of Chicago Law School. He argued that most government regulations violate the Constitution's Takings Clause and its companion, the Contracts Clause. Epstein talked about a striking governmental, especially federal, power that is illustrated in his book using as an example employment discrimination. Although Epstein argues that special limits apply to the federal government, he believes the powers of all levels of government should be sharply limited. According to Epstein, most existing regulations are beyond the power of any level of government because they are unconstitutional takings of private property. He also recognizes that people have relied in important ways on current law.
Hannah Skoda
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780198813415
- eISBN:
- 9780191851704
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198813415.003.0010
- Subject:
- Law, Legal History
This article addresses a particularly troubling form of property: slavery in fifteenth-century Dubrovnik. The practice of slavery depended upon law: its articulation lay at the intersection of the ...
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This article addresses a particularly troubling form of property: slavery in fifteenth-century Dubrovnik. The practice of slavery depended upon law: its articulation lay at the intersection of the Roman law of the ius commune, canon law, local customary and statute law, and natural law. The texture of these different legalistic frameworks provided ways of articulating the problems, discursive and ethical, of treating people as property. The essay explores these tensions by looking at slave contracts, and practices of manumission: slaves could purchase their freedom with their own property (peculium). Both manumission and peculium were inflected by favor libertatis, the acknowledgement that the rigidity of law was a problematic way to deal with people. Further tensions are explored in the context of the criminal liability of slaves. Finally, the essay turns to the range of contracts from outright slavery to indentured labour, and asks how this spectrum problematizes concepts of property.Less
This article addresses a particularly troubling form of property: slavery in fifteenth-century Dubrovnik. The practice of slavery depended upon law: its articulation lay at the intersection of the Roman law of the ius commune, canon law, local customary and statute law, and natural law. The texture of these different legalistic frameworks provided ways of articulating the problems, discursive and ethical, of treating people as property. The essay explores these tensions by looking at slave contracts, and practices of manumission: slaves could purchase their freedom with their own property (peculium). Both manumission and peculium were inflected by favor libertatis, the acknowledgement that the rigidity of law was a problematic way to deal with people. Further tensions are explored in the context of the criminal liability of slaves. Finally, the essay turns to the range of contracts from outright slavery to indentured labour, and asks how this spectrum problematizes concepts of property.
