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First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Land was the major economic resource in the pre-modern Middle East. Questions of ownership, of access, of management and of control occupied a central role in administration, in law, and in rural practice over many centuries. Nevertheless, the subject of land and property relations is still not well understood.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team
With socialism largely discredited in recent years, the moral and legal status of private property has become an increasingly important area for discussion in contemporary political and social thought. Offering a contribution to legal theory, and to political and social philosophy, this work examines the two currently dominant traditions - those of neo-conservative utilitarianism and liberal communitarianism - emphasizing the strengths of both approaches and laying the groundwork for a theory to bridge the gap between them.
Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
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.
In its essence, land law has to provide answers to two very difficult questions: who is entitled to use land, and how they are entitled to use it? Land law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This new introductory textbook reveals the system and also shows how it is possible to understand and criticize land law. The book is written in a student-friendly style and, in both its pages and companion web-site, makes use of helpful visual aids. The book places land law firmly within the wider context of property law. The introduction discusses a basic tension which runs throughout property law, and it shows how that tension is heightened where land is involved. The second part shows the response to this basic tension, setting out a basic structure which applies throughout property law, while noting how the special nature of land leads to the special features of land law. The third part of the book applies the basic structure to the individual topics making up land law courses, using the structure to reveal the conceptual coherence which lies behind the technical terms. The book is ideal reading for undergraduate law students seeking a rock-solid understanding of how land law works.
The contributors to Corporate Citizen explore the legal frameworks and standards of conduct for multinational corporations. In a globalized world governed by domestic and international law, these corporations can be everywhere and nowhere at once, reaping financial benefits and enjoying the protections of investor-state arbitration but rarely being held accountable for the economic, environmental, and human rights harms they may have caused. Given the far-reaching power and success of the transnational corporation, and the many legal tools allowing these companies to avoid liability, how can governments protect their citizens? Broad-ranging in perspective, colourful and thought-provoking, the chapters in Corporate Citizen make the case that because the success of corporate global citizenship risks undermining national and international democratic governance, the multinational corporation must be more closely scrutinized and controlled – in the service of humanity and the protection of the natural environment.
Property Law: Practice, Problems, and Perspectives, Second Edition is a truly contemporary 1L Property text. This book is distinguished by its extraordinarily clear and engaging writing, and by the degree to which the authors make the material accessible and enjoyable to students in this foundational course. The authors embrace the task of training lawyers, and as a result, their text regularly asks students to answer questions and solve problems from the perspective of attorneys. The authors delve fully into legal doctrine and address profound policy issues in a direct and understandable manner, drawing upon an outstanding range of case opinions, including those from seminal cases as well those from recent and provocative disputes. The text uses a two-color design and includes a wonderful selection of photographs. Important documents useful to teaching particular cases and material are reproduced throughout. Property Law: Practice, Problems, and Perspectives is more than just a text. It incorporates a truly unique online simulation that features practice-ready materials and professionally-produced, author-scripted videos that illuminate property law issues and disputes. The text regularly references documents used in practice, which are available to students in the simulation. New to the Second Edition: Revised and updated case opinions and textual discussion. For example: The section addressing the Fair Housing Act now includes a discussion of disparate impact litigation after Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. The chapter devoted to takings law now includes summaries of Horne v. Dept. of Agriculture and Murr v. Wisconsin. New and sometimes startling images, such as a subdivision-marketing poster from San Diego in 1915 that offers a frightening example of pervasive discriminatory housing practices that existed prior to the Fair Housing Act. Enjoyable new problems drawn from reported case opinions. For example, the problem of “The Obstinate Ex,” involving a couple who live together in a home owned individually by one of them. When that person breaks off the relationship, the other refuses to move out, claiming an interest in the property. Professors and students will benefit from: A blend of property doctrine and real-world practice, featuring a stimulating, challenging presentation that is also transparent. The book retains the subtlety of the classic texts but comments explicitly on the overlapping elements to ensure that students can see all the connections among legal doctrines. A unique interactive element that teaches students how to read a land survey, helping them understand the issues presented by the text in case opinions and problems. The transactional perspective adopted by the authors in relevant chapters, such as real estate transactions and landlord/tenant law. A unique border along the edge of the text in the chapter on the real property transaction, allowing students to place key concepts and doctrinal material in the context of phases of the transaction. A robust electronic version of the casebook, along with online videos and practice-ready materials. A book that is the ideal text for a four-unit course, but includes ample coverage permitting a professor to construct a five- or six-unit course.
In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation’s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property? The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law? Accessible and mercifully free of legal jargon, American Property reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires. Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.