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This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common law principles, as well as taking an integrated approach to key statutory regimes. The highly original contributions draw on rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no counterpart in the common law world. Contributors: Professor Elise Bant, Professor Jeannie Paterson, Professor Rick Bigwood; Professor Michael Bryan; Professor John Cartwright; Professor Mindy Chen-Wishart; Professor Simone Degeling; Professor Pamela Hanrahan; Professor Luke Harding; Professor Matthew Harding; Professor Catharine MacMillan; Professor Hector MacQueen; Professor Donna Nagy; Justice Andrew Phang; Professor Pauline Ridge; Professor Andrew Robertson; Ms Anna Williams.
Contents Anthony De Jasay The Python That Eats Itself By The Tail Sergio Beraldo – Enrico Colombatto – Valerio Filoso – Marco Stimolo Growth in One (Short) Lesson Franklin G. Mixon Jr. The Allocation of Death in the Afghanistan War Remembering James Buchanan Richard E. Wagner – Francesco Forte – Domenico da Empoli Forum on public procurement, quality of expenditure and saving Emma Galli Introduction Sergio Santoro Reference Prices and Standard Costs in Public Procurement as Tools against Corruption Claudio De Rose Corruption in Public Procurement: How to Fight and Prevent It? Mario Lupo Contracts of Public Works: How to Guarantee Low Prices Without Reducing Quality Ilde Rizzo Efficiency and Integrity Issues in Public Procurement Performance Gabriella M. Racca The Risks of Emergencies in Public Procurement Gian Luigi Albano On the Problem of Quality Enforcement in Centralized Public Procurement Symposium Domenico da Empoli On Federalism and Government Size David Hebert – Richard E. Wagner Taxation as a Quasi-Market Process Richard E. Wagner – Akira Yohoyama Polycentrism, Federalism, and Liberty Yong J. Yoon – William F. Shughart II Stackelberg on the Danube River Reviews
Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.