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Landmark Cases in Property Law

Landmark Cases in Property Law PDF Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1509900268
Category : Law
Languages : en
Pages : 344

Book Description
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.

Landmark Cases in Property Law

Landmark Cases in Property Law PDF Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1509900268
Category : Law
Languages : en
Pages : 344

Book Description
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.

Landmark Cases in Land Law

Landmark Cases in Land Law PDF Author: Nigel Gravells
Publisher: Bloomsbury Publishing
ISBN: 1782251529
Category : Law
Languages : en
Pages : 304

Book Description
Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property – the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.

Landmark Cases in Succession Law

Landmark Cases in Succession Law PDF Author: Brian Sloan
Publisher: Bloomsbury Publishing
ISBN: 1509919023
Category : Law
Languages : en
Pages : 368

Book Description
The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.

Landmark Cases in Intellectual Property Law

Landmark Cases in Intellectual Property Law PDF Author: Jose Bellido
Publisher: Hart Publishing
ISBN: 9781509904693
Category : Intellectual property
Languages : en
Pages : 382

Book Description
This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author’s right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors’ rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.--

Property

Property PDF Author: James Charles Smith
Publisher: Aspen Publishing
ISBN: 1454897740
Category : Law
Languages : en
Pages : 1307

Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center 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; practice questions from your favorite study aids; an outline tool and other helpful resources. Property: Cases and Materials features sweeping coverage in a single volume, from “old property” (such as the basics of estates in land and servitudes) to “new property,” including intellectual property, cultural property, and property in living things. The text provokes debate on fundamental questions such as the creation of property, information as property, collective vs. individual rights, and property as related to other bodies of law. Its coverage of intellectual property shows how the law grows and responds to social and technological change. Designed for flexibility, stand-alone chapters can be omitted if time constraints require. Property: Cases and Materials includes appellate decisions, statutes, regulations, administrative decisions, law review articles, and non-legal materials. Principal cases include Elvis Presley International Memorial Foundation v. Crowell, Popov v. Hayashi (Barry Bonds home run ball); People v. Chubbs (software for DNA matching), and Dred Scott v. Sandford. Key Features: Updated with more recent cases, including more cases from the twenty-first century than any other major property casebook. Improved coverage of natural resources law and intellectual property. Thorough update of all existing materials.

Landmark Cases in Equity

Landmark Cases in Equity PDF Author: Charles Mitchell
Publisher: Bloomsbury Publishing
ISBN: 1847319742
Category : Law
Languages : en
Pages : 750

Book Description
Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.

Cases and Text on Property

Cases and Text on Property PDF Author: Susan F. French
Publisher: Aspen Publishing
ISBN: 154380960X
Category : Law
Languages : en
Pages : 1282

Book Description
This completely revised and streamlined Seventh Edition of Cases and Text on Property by Susan Fletcher French and Gerald Korngold is smart, compact, and thoughtful. The carefully selected and edited cases and problems give students what they need to learn about Property law in the 21st Century. In addition to ample coverage of traditional Property subjects, the text includes substantial coverage of intellectual property, modern servitudes law, common interest communities, and constitutional limits on governmental power to acquire and regulate property. New to the Seventh Edition: A reorganization of Chapter 4 (Property Rights in Creative Works) to begin with copyright, with notes on the Google and TVEyes cases, and an important new case on patent exhaustion, Impression Products, Inc. v. Lexmark Int’l, Inc. Important new cases Marbar, Inc. v. Katz; Craig Wrecking Co. v. S.G. Loewendick & Sons, Inc.; Vallely Investments, L.P. v. Bancamerica Commercial Corp; Sparks v. Fidelity Nat’l Title Ins. Co.; and Coons v. Carstensen A new subsection in Chapter 13 (The Takings Clause) that highlights coverage of the public trust doctrine with two new Supreme Court cases, Murr v. Wisconsin and Horne v. Dep’t of Agriculture The authors have continued to revise and streamline the casebook without adding additional pages to this new edition. Professors and students will benefit from: Traditional cases-and-notes pedagogy with integrated problems Introductory chapters that put contemporary property law in historical context A casebook renowned for its absorbing text and teachable cases that many users have stayed with for the entire span of their careers A casebook well-suited for a 4-unit Property course, but also with sufficient material that it can readily be adapted for a 5- or 6-unit course Teaching materials include: A comprehensive Teacher’s Manual with brief suggestions for teaching every case, answers to questions asked in the notes, and maps and diagrams to explain difficult cases and problems The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.

Property Law and the Public Interest

Property Law and the Public Interest PDF Author: Joseph Gordon Hylton
Publisher: LexisNexis/Matthew Bender
ISBN:
Category : Law
Languages : en
Pages : 902

Book Description


Cases and Materials on American Property Law

Cases and Materials on American Property Law PDF Author: Sheldon F. Kurtz
Publisher: West Academic Publishing
ISBN:
Category : Possession (Law)
Languages : en
Pages : 1320

Book Description
This casebook continues its traditional approach to the teaching of property law. The opening chapter continues to include a section of cases designed to hone a student's skill in close case analysis. The materials in the first seven chapters have been reorganized and the notes updated as appropriate. New cases have been added regarding rights of possessors, organs as property, and class gifts. Chapters 8-9 on servitudes and nuisance are updated, with expanded coverage of the Restatement (Third). Chapters 10 and 11 (takings and zoning) have been significantly revised. In particular, the takings chapter includes the Supreme Court's Kelo and Lingle decisions, including a detailed discussion of the angry aftermath to Kelo in both Congress and state legislatures, as well as of state courts that have interpreted state constitutions to give greater protection than Kelo does under the federal Constitution. The last three chapters, which are devoted to real estate transfer issues, remain largely intact with updating and the addition of one new principal case relating to rescission of a land sales contract. This casebook continues its traditional approach to the teaching of property law. The opening chapter continues to include a section of cases designed to hone a student's skill in close case analysis. The materials in the first seven chapters have been reorganized and the notes updated as appropriate. New cases have been added regarding rights of possessors, organs as property, and class gifts. Chapters 8-9 on servitudes and nuisance are updated, with expanded coverage of the Restatement (Third). Chapters 10 and 11 (takings and zoning) have been significantly revised. In particular, the takings chapter includes the Supreme Court's Kelo and Lingle decisions, including a detailed discussion of the angry aftermath to Kelo in both Congress and state legislatures, as well as of state courts that have interpreted state constitutions to give greater protection than Kelo does under the federal Constitution. The last three chapters, which are devoted to real estate transfer issues, remain largely intact with updating and the addition of one new principal case relating to rescission of a land sales contract.

Property Law

Property Law PDF Author: D. Benjamin Barros
Publisher: Aspen Publishing
ISBN: 1543817467
Category : Law
Languages : en
Pages : 1292

Book Description
An innovative Property casebook that re-imagines the law school casebook format and covers all the major topics included in a basic 1L Property course, Property Law, Second Edition borrows some pedagogical features commonly found in undergraduate textbooks, making use of sidebars, illustrations, and other design devices to present material more clearly. The authors present concepts simply, then move the discussion toward complexity—the opposite of the approach taken by many current texts. Clear yet sophisticated, the casebook is the perfect choice for all skill levels. Including problems that students can and should be able to do on their own, explanatory answers, and skills-based exercises, this casebook is both professor-friendly and student-friendly. Themes that run through the course are highlighted throughout the book, resulting in a casebook that clearly presents the fundamentals of property law. This allows students to develop an understanding of basic concepts on their own while allowing professors to assist their students in developing an advanced understanding of property law. The authors of Property Law are experts on the property coverage on the bar exam, and while this casebook goes far beyond test-only material, students will benefit from their expertise and will learn every topic they are likely to see on the bar exam. New to the Second Edition: Additional text on racial discrimination and other critical issues in a subtle way, giving instructors the choice of how deeply to explore those issues. Revisions to Chapter 9 to include Murr v. Wisconsin, the Supreme Court’s most recent regulatory takings case. A Revised Chapter 10 that includes new material on Intellectual Property and Property Theory. Minor corrections and refinements throughout the casebook. Professors and students will benefit from: A text that starts from simplicity and moves to complexity: The book first provides text that explains the basic doctrine, then presents a simple case example, and finally moves to more complex issues. Cases that are introduced with explanatory text discussing the law and issues surrounding the case. This radically different approach from most other casebooks allows students to have a better grasp of the concepts and themes before they even read the case. Problems and exercises that students can complete on their own, with explanatory answers included in an appendix. An innovative design that aids student learning, with sidebars, diagrams, charts, and illustrations that make concepts clearer to students. Cases that are used as examples, not introductions to legal rules. Many topics in the book feature introductory text, illustrations, and problem sets before a single case is introduced, to aid in students’ legal learning. The inclusion of sample documents, helping students to understand core concepts. A book perfect for a four-credit course but also features a modular design that can be used in courses of varying credit size. More comprehensive bar exam topic coverage than any competing book.