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Author: Ernst Nordtveit
Publisher: Edward Elgar Publishing
ISBN: 9781839100642
Category : Property
Languages : en
Pages : 0
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Book Description
This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation. Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law. An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.
Author: Ernst Nordtveit
Publisher: Edward Elgar Publishing
ISBN: 9781839100642
Category : Property
Languages : en
Pages : 0
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Book Description
This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation. Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law. An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.
Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1108418546
Category : Business & Economics
Languages : en
Pages : 343
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Book Description
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Author: Bronwen Leroy
Publisher:
ISBN: 9780409338102
Category : Real property
Languages : en
Pages :
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Book Description
Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262
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Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Author: John G. Sprankling
Publisher:
ISBN: 9781422498736
Category : Property
Languages : en
Pages : 0
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Book Description
Understanding Property Law is a comprehensive and authoritative treatise from our Understanding series that is suitable for use in conjunction with any Property casebook. Features include: Complete coverage of all standard property topics, including landlord-tenant law, adverse possession, rights in personal property, estates and future interests, marital property, land sale transactions, servitudes, nuisance, zoning, takings, and other land use issues; Analysis of cutting-edge topics, such as property rights in human bodies, current takings issues, the new Restatement (Third) of Property (Servitudes), rights and duties of homeowners' associations, and property rights in personal names and likenesses; Discussion of the policy and historical underpinnings of property law doctrines; and Clear writing and detailed organization to facilitate student understanding of both basic concepts and controversial topics.
Author: Yaëll Emerich
Publisher: Edward Elgar Publishing
ISBN: 1788111842
Category : Law
Languages : en
Pages : 338
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Book Description
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Author: Gregory S. Alexander
Publisher: Aspen Publishing
ISBN: 1543838502
Category : Law
Languages : en
Pages : 1546
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Book Description
Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Tenth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a moveable feast of visual interest, compelling cases, and timely coverage of contemporary issues. In the Tenth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. New to the Tenth Edition: Newly unearthed American case law on litigation over wild animals prior to Pierson v. Post (Chapter 1). The addition of primary cases the Supreme Court decided in 2020 concerning statutory annotations (Chapter 3). A new case added to the life estate section and a new recent case on defeasible fees (Chapter 4). A new primary case on whether landlords can be liable for tenant-on-tenant harassment under the Fair Housing Act, expanded coverage of anti-discrimination law, problems with eviction proceedings, COVID-19 eviction moratoria at the federal and state levels, rent control, and the section 8 program (Chapter 7). Completely rewritten Chapter 8 with new cases added on reverse redlining and purchase money mortgage. A new primary case on the effects of improper along with a new discussion of the comparative virtues of rectangular parcels versus irregular metes-and-bounds parcels (Chapter 9). New cases on easements by estoppel; termination of covenants; the Virginia Lee statue case; new material added in the notes to reflect recent developments (e.g., Uniform Easement Relocation Act, SCOTUS decision in Cow River Preservation) (Chapter 11). New notes on recent moves to end single family zoning; new important case on aesthetic zoning (Chapter 12). A re-organized Chapter 13 including a new extended introduction to the police power cases preceding Hadacheck and running through Cedar Point Nursery, a new primary case from 2021; Tahoe-Sierra replaces Murr v. Wisconsin as a primary case; new coverage of cases involving Hurricane-related floods that the government failed to prevent; revised discussion of ripeness doctrine to reflect Knick v. Township of Scott; expanded discussion of doctrine concerning government decisions to make personal property contraband; and takings litigation over state and federal bans on bump stocks. Professors and students will benefit from: Retains the late Jesse Dukeminier’s unique blend of wit, erudition, insight, and playfulness. A dynamic casebook, encompassing cases, text, questions, problems, visual illustrations, and examples. Modular organization makes the book highly adaptable to a range of syllabi. Inclusive coverage runs the full range of property topics, including in-depth treatments of estates and future interests, servitudes, and land-use controls. Authors employ an accessible “economic lens” as a tool for thinking critically about property law. Extensive research into the backstories of many primary cases, yielding insights that are useful for teaching and understanding the legal landmarks
Author: Stephanie M. Stern
Publisher: NYU Press
ISBN: 1479835684
Category : Psychology
Languages : en
Pages : 303
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Book Description
Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.
Author: Joshua A. T. Fairfield
Publisher: Cambridge University Press
ISBN: 1107159350
Category : Law
Languages : en
Pages : 261
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Book Description
Owned provides a legal analysis of the legal, social, and technological developments that have driven an erosion of property rights in the digital context.
Author: Curtis J. Milhaupt
Publisher: University of Chicago Press
ISBN: 0226525295
Category : Law
Languages : en
Pages : 281
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Book Description
Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
