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The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
"The Law of Tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear answers to fundamental questions such as "what is tracing" and "does tracing create new rights?", while also explaining in detail the tracing rules and the application of those rules in hard cases. The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work. Each issue is analysed from first principles and from authority, making the book a useful tool for anyone advising on cases involving tracing, teaching the law of tracing, or wishing to better understand the subject." --
This book offers a unique survey of legal practices and ideas relating to international relations in the Ancient Near East between 2500 and 330 BC.
A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. 0This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes.
Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
Brings Equity and Trusts to life for students of all abilities with clearly explained principles and simple, practical examples.
As nations race to hone contact-tracing efforts, the world's experts consider strategies for maximum transparency and impact. As public health professionals around the world work tirelessly to respond to the COVID-19 pandemic, it is clear that traditional methods of contact tracing need to be augmented in order to help address a public health crisis of unprecedented scope. Innovators worldwide are racing to develop and implement novel public-facing technology solutions, including digital contact tracing technology. These technological products may aid public health surveillance and containment strategies for this pandemic and become part of the larger toolbox for future infectious outbreak prevention and control. As technology evolves in an effort to meet our current moment, Johns Hopkins Project on Ethics and Governance of Digital Contact Tracing Technologies—a rapid research and expert consensus group effort led by Dr. Jeffrey P. Kahn of the Johns Hopkins Berman Institute of Bioethics in collaboration with the university's Center for Health Security—carried out an in-depth analysis of the technology and the issues it raises. Drawing on this analysis, they produced a report that includes detailed recommendations for technology companies, policymakers, institutions, employers, and the public. The project brings together perspectives from bioethics, health security, public health, technology development, engineering, public policy, and law to wrestle with the complex interactions of the many facets of the technology and its applications. This team of experts from Johns Hopkins University and other world-renowned institutions has crafted clear and detailed guidelines to help manage the creation, implementation, and application of digital contact tracing. Digital Contact Tracing for Pandemic Response is the essential resource for this fast-moving crisis. Contributors: Joseph Ali, JD; Anne Barnhill, PhD; Anita Cicero, JD; Katelyn Esmonde, PhD; Amelia Hood, MA; Brian Hutler, Phd, JD; Jeffrey P. Kahn, PhD, MPH; Alan Regenberg, MBE; Crystal Watson, DrPH, MPH; Matthew Watson; Robert Califf, MD, MACC; Ruth Faden, PhD, MPH; Divya Hosangadi, MSPH; Nancy Kass, ScD; Alain Labrique, PhD, MHS, MS; Deven McGraw, JD, MPH, LLM; Michelle Mello, JD, PhD; Michael Parker, BEd (Hons), MA, PhD; Stephen Ruckman, JD, MSc, MAR; Lainie Rutkow, JD, MPH, PhD; Josh Sharfstein, MD; Jeremy Sugarman, MD, MPH, MA; Eric Toner, MD; Mar Trotochaud, MSPH; Effy Vayena, PhD; Tal Zarsky, JSD, LLM, LLB
This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.