The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.

The Oxford Introductions to U.S. Law: Property

Merrill, Thomas W.

Smith, Henry E.

Legal Education

Oxford University Press

The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State

A leading expert on the administrative state describes the past, present, and future of the immensely consequential--and equally controversial--legal doctrine that has come to define how Congress's laws are applied by the executive branch. The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations. Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline. The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.

Legal History

Harvard University Press

"Methinks I am like a man, who having narrowly escap'd shipwreck," David Hume writes in A Treatise of Human Nature, "has yet the temerity to put out to sea in the same leaky weather-beaten vessel, and even carries his ambition so far as to think of compassing the globe." With these words, Hume begins a memorable depiction of the crisis of philosophy and his turn to moral and political philosophy as the path forward. In this groundbreaking work, Thomas W. Merrill shows how Hume's turn is the core of his thought, linking Hume's metaphysical and philosophical crisis to the moral-political inquiries of his mature thought. Merrill shows how Hume's comparison of himself to Socrates in the introduction to the Treatise illuminates the dramatic structure and argument of the book as a whole, and he traces Hume's underappreciated argument about the political role of philosophy in the Essays.

Hume and the Politics of Enlightenment

Politics & Social Sciences

Philosophy

Cambridge University Press

"Methinks I am like a man, who having narrowly escap'd shipwreck," David Hume writes in A Treatise of Human Nature, "has yet the temerity to put out to sea in the same leaky weather-beaten vessel, and even carries his ambition so far as to think of compassing the globe." With these words, Hume begins a memorable depiction of the crisis of philosophy and his turn to moral and political philosophy as the path forward. In this groundbreaking work, Thomas W. Merrill shows how Hume's turn is the core of his thought, linking Hume's metaphysical and philosophical crisis to the moral-political inquiries of his mature thought. Merrill shows how Hume's comparison of himself to Socrates in the introduction to the Treatise illuminates the dramatic structure and argument of the book as a whole, and he traces Hume's underappreciated argument about the political role of philosophy in the Essays.

Lakefront: Public Trust and Private Rights in Chicago

How did Chicago, a city known for commerce, come to have such a splendid public waterfront?its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared to more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.

History

Kearney, Joseph D.

Americas

Cornell University Press

How did Chicago, a city known for commerce, come to have such a splendid public waterfront--its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.

Property: Principles and Policies

Foundation Press

See the best price to sell, buy, or rent books by Merrill, Thomas W.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Merrill, Thomas W.

See the best price to sell, buy, or rent books by Merrill, Thomas W.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Oxford Introductions to U.S. Law: Property

The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State

The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State

Hume and the Politics of Enlightenment

Hume and the Politics of Enlightenment

Lakefront: Public Trust and Private Rights in Chicago

Lakefront: Public Trust and Private Rights in Chicago

Property: Principles and Policies