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Book cover of Private Property, Community Development, and Eminent Domain by Robin Paul Malloy

Private Property, Community Development, and Eminent Domain

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231

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Book Description

The tension between private property rights, human rights, and community are at an all time high in many parts of the world. Social and political changes along with the pressures of globalization call for a new look at the role of private property and its place within the framework of democratic societies.This book addresses the current status of eminent domain and takings law jurisprudence. The focus is the relationship between private property, individual rights and community. The work covers a variety of points of view with respect to the legal, economic, and socio-legal aspects of property and of takings law, with reference to issues of governance, citizenship, community building, and economic development. Contributions address all sides of the issue considering various theories of property that stand behind the need to provide strong protection of private property rights and those that tip the balance in favor of community access to property for the promotion of public goals. Reference is made to the Kelo v New London case and several contributions provide a comparative view of similar issues and disputes in the European context.
Author portrait of Robin Paul Malloy

Robin Paul Malloy

Professor Robin Paul Malloy is the E.I. White Chair and Distinguished Professor of Law, and the Kauffman Professor of Entrepreneurship and Innovation. He is a leading expert on property, real estate transactions, land use law and zoning, and on law, markets, and marketization. He is a pioneer in his work at the intersection of land use law and disability law. Several of his works on market theory and law are translated into Chinese, Spanish, and Japanese. Professor Malloy has published nineteen books (4 with Cambridge University Press) and over 30 scholarly articles, in addition to numerous book chapters and essays. His latest book is titled Law and the Invisible Hand; A Theory of Adam Smith’s Jurisprudence (Cambridge 2021). He is a series editor on collections for Cambridge University Press, Routledge, and Edward Elgar. Malloy’s casebook on Real Estate Transactions (with Smith, now in its 5th edition) is the leading book on the subject and is used at law schools across the country. His casebook on Land Use Law and Zoning is now in its second edition (with Malagrino). Malloy has been the Sun Life Research Fellow at Oxford University, U.K.; the Dickenson Dees Fellow at University of Durham, U.K.; and for three consecutive summers served as a teaching fellow in China (Beijing and Shanghai) with the Committee on Legal Education Exchange with China. He currently serves on the International Advisory Board for the Law and Economics Program at St. Gallens University, Switzerland, and is a member of the Turin School of Local Regulation, Turin, Italy. Malloy is the founding president of the Association for Law, Property, and Society. He Currently serves on the Board of the Veterans Heath Research Institute of CNY. He served on the Board of the National Italian American Bar Association for 20 years and was Vice Chair of the Zoning Board of Appeal for the Town of DeWitt, NY for 10 years. He has also served on numerous committees of the Association of American Law Schools.
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