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 The Plague of Dissent: And the Rise of Toleration

Chris Beneke

in Beyond Toleration: The Religious Origins of American Pluralism

Published in print:
2006
Published Online:
September 2006
ISBN:
9780195305555
eISBN:
9780199784899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195305558.003.0001
Subject:
Religion, Religion and Society

The story opens in the first three decades of the 18th century when dissenters were still treated as political subversives and unorthodox doctrines still compared to contagious diseases. This chapter ... More


Property and the Law in Energy and Natural Resources

Aileen McHarg, Barry Barton, Adrian Bradbrook, and Lee Godden (eds)

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.001.0001
Subject:
Law, Public International Law, Environmental and Energy Law

The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and ... More


The Property Rights School Solution: The Privatization Programme

Jean‐Marie Baland and Jean‐Philippe Platteau

in Halting Degradation of Natural Resources: Is There a Role for Rural Communities?

Published in print:
2000
Published Online:
January 2005
ISBN:
9780198290612
eISBN:
9780191601613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198290616.003.0004
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter discusses the property rights school solution, which advocates the development of private property rights in a resource. It argues that private property rights do not necessarily promote ... More


Private Enforcement: Growth, Backlash, and Spillovers

Daniel A. Crane

in The Institutional Structure of Antitrust Enforcement

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195372656
eISBN:
9780199893287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372656.003.0003
Subject:
Law, Competition Law

The creation of a private right of action for damages has led to the significant decision to separate antitrust from corporate regulation. This conceptualizes a freestanding tort. This chapter ... More


The Right to have Rights as a ‘Place in the World’

Alison Kesby

in The Right to Have Rights: Citizenship, Humanity, and International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.003.0002
Subject:
Law, Public International Law

Chapter 1 examines the right to have rights in the context of the movement of people across borders. In the present international system of states, it is imperative that each person has a ‘place in ... More


Liberty and Socialism

Alan Ryan

in The Making of Modern Liberalism

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691148403
eISBN:
9781400841950
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691148403.003.0034
Subject:
Philosophy, Political Philosophy

This chapter examines whether socialism may be more consistent with liberty than capitalism is. It concentrates on two issues, one related to property and the other to education. It first considers ... More


Violation of a Statutory Rule

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0009
Subject:
Law, EU Law

Liability cannot only be based on the violation of an unwritten rule but also on the violation of written, statutory, rule. This chapter shows the relationship between criminal and administrative law ... More


Remedies and Rights

Hanoch Dagan

in Reconstructing American Legal Realism & Rethinking Private Law Theory

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199890699
eISBN:
9780199367689
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199890699.003.0007
Subject:
Law, Philosophy of Law

This chapter examines the relationship between rights and remedies. Remedies serve as instruments of rights enforcement as well as participate in the constitution of the rights they help enforce. ... More


To Create a Power to Refuse: The Rise of a Jurisprudence of Advisory Opinions

Mel A. Topf

in A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter highlights the advising justices’ extraordinary, probably unique, animosity toward their advisory opinion duty, expressing an often open reluctance to advise, even when required by the ... More


A Private Right Conferred Directly by EU Trade Mark Law: An Analysis of the Concept of ‘Distinctiveness’ under EU Law

Rosa Greaves

in From Single Market to Economic Union: Essays in Memory of John A. Usher

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199695706
eISBN:
9780191741302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199695706.003.0008
Subject:
Law, EU Law

This chapter examines the concept of ‘distinctiveness’, as it is written under EU law. It first identifies the basic rules about the way ‘distinctiveness’ can be established. It briefly discusses the ... More


Conclusion

David Schorr

in The Colorado Doctrine

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300134476
eISBN:
9780300189049
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300134476.003.0006
Subject:
Law, Legal History

This concluding chapter examines several aspects of the relationship between the early history of Colorado water law and property theory. It first reviews the distributive-justice principles ... More


Back To Socialist Basics

G. A. Cohen

Michael Otsuka (ed.)

in On the Currency of Egalitarian Justice, and Other Essays in Political Philosophy

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691148700
eISBN:
9781400838660
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691148700.003.0012
Subject:
Philosophy, Political Philosophy

This chapter argues that to have money is (pro tanto) to have liberty. The richer you are, the more courses of action are open to you, which is to say that you are freer than you would otherwise be. ... More


Environmental Law Dimensions of Human Rights

Ben Boer (ed.)

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198736141
eISBN:
9780191800320
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736141.001.0001
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

The past few decades have seen a slow but steady convergence of certain aspects of the realms of environmental law and human rights at international and national levels. A high quality environment is ... More


The Political Backlash

Ilya Somin

in The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter describes the massive political backlash generated by the Kelodecision, which was in many ways greater than that which resulted from any other modern Supreme Court decision. Polls showed ... More


The Political Backlash

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter describes the massive political backlash generated by the Kelo decision, which was in many ways greater than that which resulted from any other modern Supreme Court decision. Polls ... More


International Human Rights and Intangible Cultural Heritage

Lucas Lixinski

in Intangible Cultural Heritage in International Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679508
eISBN:
9780191758546
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679508.003.0005
Subject:
Law, Public International Law, Law of Obligations

This chapter is the first in the second part of the book, focusing on remedies for ICH safeguarding. The chapter focuses specifically on the potentials and pitfalls of using international human ... More


Recognition, Rights, and Reasonable Expectations

Roxana Banu

in Nineteenth Century Perspectives on Private International Law

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198819844
eISBN:
9780191860102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198819844.003.0006
Subject:
Law, Private International Law

This chapter provides an analysis of the way in which rights theories in private international law are constructed depending on whether one takes the state or the individual as the point of reference ... More


Green Metaphors: Language, Land, and Law in Takings Debates

Laura J. Hatcher

in Law and Geography

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199260744
eISBN:
9780191698675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260744.003.0021
Subject:
Law, Philosophy of Law

A conservative movement in the United States which was mainly concerned with the protection of private property rights emerged during the 1970s and was able to attain grassroots support a decade ... More


The Invasion of the Land: Railways, Land Expropriation, and Legal Process, 1825–1850

R. W. Kostal

in Law and English Railway Capitalism 1825–1875

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265672
eISBN:
9780191682926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265672.003.0005
Subject:
Law, Legal History

In the span of only twenty-five years, 1825 to 1850, Parliament equipped scores of steam railway companies with the legal power to compel the sale of tens of thousands of acres of privately held ... More


The Colorado Doctrine

David Schorr

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300134476
eISBN:
9780300189049
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300134476.001.0001
Subject:
Law, Legal History

Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical ... More


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