THE LAW OF PROPERTY CONCEPTS AND INSIGHTS

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The Law Of Property

Author : Christopher Serkin
ISBN : 1634592999
Genre :
File Size : 82.35 MB
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The Law of Property provides an incisive and clear summary of the doctrine and theory animating the law of private property. The book is organized around three main themes: acquiring property, dividing property, and limiting rights in property. Specific topics include, the law of capture, creation, adverse possession, estates and future interests, concurrent ownership, marital property, leaseholds, land transfers, recordation, easements, covenants, land use controls, and the Takings Clause, among others. The book synthesizes these diverse topics by highlighting the overarching themes that join them together. It is essential reading for any property student, and can be used in conjunction with any leading property casebook. The Second Edition features new cutting-edge property topics including a recent Supreme Court case interpreting the Takings Clause, and disputes around hydrofracking and short-term rentals (like Airbnb). It has been edited to account for changes to martial property following new constitutional law on same-sex marriage. It now includes references to the Sprankling & Coletta casebook, as well as updated citations to the most recent editions of the leading casebooks.
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Legal Aspects Of Business Concepts And Applications

Author : Parul Gupta
ISBN : 9789352718368
Genre : Business & Economics
File Size : 28.80 MB
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This textbook introduces the Indian legal system and presents an exhaustive discussion on laws which govern and regulate businesses. It focuses on the application of the laws based on which managers need to take decisions on a day to day basis. It also fulfils its usefulness as a textbook for business management students and managers through a large number of cases and mini-cases highlighting the legal issues that surround and affect businesses. Court rulings and judgements have been weaved appropriately to provide better learning support. Aiming to provide the readers an understanding and knowledge of laws relating to business, the book provides an in-depth coverage of the law of contract, sale of goods, laws dealing with negotiable instruments, consumer rights, competition and laws regulating the incorporation and management of companies in India.
Category: Business & Economics

Legal Concepts Of Childhood

Author : Julia Fionda
ISBN : 9781841131504
Genre : Law
File Size : 22.97 MB
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Concepts of who and what children are and what childhood consists of have changed over time. Our historical and contemporary notions of childhood also change according to the context of the interaction between the child and the state. This book is concerned with various ideas of what childhood consists of where the child is involved with the legal system. An identification of legal concepts of childhood can offer many insights into our treatment of children,the capacities which we expect them (possibly unfairly) to possess and the extent of any protection which they deserve or can expect from those charged with the responsibility for their welfare. Each essay in this collection focuses on a particular legal discipline which centrally involves children whether as litigants, victims or perpetrators of crimes, owners of property, recipients of welfare services etc. The object of the analysis is to assess how children are regarded by lawyers in each discipline; for example, as objects of concern, requiring protection; as autonomous possessors of rights; as lacking in moral consciousness or full mental capacity; or as fully aware of and accountable for their actions. In order to make comparisons with notions of childhood in other contexts, the substantive part of the book will also include essays on the perspectives on childhood at the core of other disciplines including sociology, psychology, philosophy and literature.
Category: Law

Law And Revolution The Formation Of The Western Legal Tradition

Author : Harold J. Berman
ISBN : 0674020855
Genre : Law
File Size : 66.72 MB
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The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
Category: Law

New Perspectives On Property Law

Author : Alistair Hudson
ISBN : 9781135334277
Genre : Law
File Size : 61.19 MB
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There is a huge body of case law that has built up over many years concerning obligations and restitution. Alastair Hudson's study draws attention to this aspect of the law with regard to property.
Category: Law

Concepts Of Property In Intellectual Property Law

Author : Helena Howe
ISBN : 9781107041820
Genre : Law
File Size : 71.89 MB
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This book explores the interaction between notions of property in law and particular aspects of intellectual property law.
Category: Law

Water Law

Author : Robin Craig
ISBN : 1634603133
Genre :
File Size : 29.73 MB
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Intended for a general audience, Water Law: Concepts & Insights provides both a general overview of basic water law doctrines and an exploration of how water law-the law and policies governing allocation of water-fit into broader ecological and environmental law issues. The book provides an overview of important hydrological principles before discussing the two state-law systems governing use of surface water in the United States and the five doctrines governing use of groundwater. It then explores the federal government's interests in the fresh waters of the United States, ranging from protection of navigability to federal water projects to federal water rights. Putting the law governing water use into a broader context, Water Law: Concepts & Insights then explores the intersections of state water law with energy policy and production, water quality protections, endangered species protections, and broader watershed management. It ends by returning to the concept of water rights as protected private property rights and the complexities of constitutional "takings" litigation when environmental protections interfere with those rights.
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Cases Materials And Text On Property Law

Author : Sjef van Erp
ISBN : 9781847319821
Genre : Law
File Size : 88.77 MB
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This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
Category: Law

The Invention Of Autonomy

Author : Jerome B. Schneewind
ISBN : 052147938X
Genre : Philosophy
File Size : 71.72 MB
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Study of the history of moral philosophy which puts Kant's ethics into historical context.
Category: Philosophy

Property And The Law In Energy And Natural Resources

Author : Aileen McHarg
ISBN : 9780199579853
Genre : Law
File Size : 56.12 MB
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Joanne Limburg is a woman who thinks things she doesn't want to think, and who does things she doesn't want to do. As a small child, she would chew her hair all day and lie awake at night wondering if heaven had a ceiling; a few years later, when she should have been doing her homework, she was pacing her bedroom, agonising about the unfairness of lif as a woman, and the shortness of her legs. By the time she was an adult, obsessive thoughts and compulsive behaviours had come to dominate her life. She knew that something was wrong with her, but it would take many years before she understood what that something was. The Woman Who Thought Too Much follows Limburg's quest to understand her Obsessive-Compulsive Disorder and to manage her symptoms. She takes the reader on a journey through consulting rooms, libraries and internet sites, as she learns about rumination, scrupulosity, avoidance, thought-action fusion, fixed-action patterns, anal fixations, schemas, basal ganglia, tics and synapses. Meanwhile, she does her best to come to terms with an illness which turns out to be common and even - sometimes - treatable. This vividly honest memoir is a sometimes shocking, often humorous revelation of what it is like to live with so debilitating a condition. It is also an exploration of the inner world of a poet and an intense evocation of the persistence and courage of the human spirit in the face of mental illness.
Category: Law