This case book is a tightly organized, manageable volume with emphasis on engaging, well-edited cases, useful notes, and crisp textual analysis. An introductory chapter, which now contains the Kelo case, examines property law's scope and position in the U.S. legal system. The next chapter on landlord-tenant law is accessible for first year law students, providing a challenging forum for discussion of the interplay among the common law of property, statutes, and contractual undertakings. Subsequent chapters deal with personal property, the variety of interests in real property, real estate transactions, attributes of landownership, and how municipal/state government controls private land use.
Das Wohnungseigentum ist auch gut 60 Jahre nach seiner Schaffung durch den Gesetzgeber als Eigenheim wie auch als Kapitalanlage von herausragender Bedeutung. Vorliegendes Werk nimmt erstmals monographisch eine verfassungsrechtliche Würdigung das Rechtsinstituts Wohnungseigentum vor. Dabei schlägt es die Brücke vom einfachen Recht des Wohnungseigentumsgesetzes zum Verfassungsrecht und verortet das Wohnungseigentum innerhalb der Eigentumsdogmatik des Art. 14 GG. Besonderheiten ergeben sich dabei insbesondere daraus, dass das Wohnungseigentum aus verfassungsrechtlicher Perspektive teilweise Alleineigentum und teilweise Miteigentum darstellt, wobei diese beiden Elemente untrennbar miteinander verknüpft sind und gesetzgeberische Regelungen daher Auswirkungen auf beide Bereiche haben können. Der Band liefert einen Leitfaden für die Auflösung des sich hieraus ergebenden Spannungsfeldes zwischen grundrechtlich gewährleisteter Selbstbestimmung einerseits und Fremdbestimmung durch die Einbindung in ein Kollektiv andererseits.
This book provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international context.
This book is a comprehensive collection of cases, statutes, regulations and readings focused on the commercial development of new technologies, primarily by start-up and early-stage companies. It defines the technology innovation process as the set of decisions and actions by which an invention is transformed from a laboratory prototype into a commercially viable product or process; and defines the technology innovation period as the time between the point of invention (reduction to practice) and the point of market introduction. Technology Innovation Law and Practice addresses the gap in academic attention paid to the field of technology innovation. The book provides students, faculty and practitioners, both in law and other disciplines, with a single source of in-depth information on the laws that affect the technology innovation process. The book is unique in its interdisciplinary focus, in its emphasis on start-up and early-stage technology companies, and in its combination of instructional and reference materials.
Land Law: text, cases, and materials has been designed to provide students with everything they need to approach their land law course with confidence. Ready to be used as a stand-alone resource on all land law courses the authors combine stimulating commentary and well-chosen materials to present the subject in an interesting and dynamic way. Covering all core aspects of land law including legal estates, legal interests, equitable interests, interests in the home, leases, easements, covenants and security interests in land, the book provides students with the detailed knowledge and analytical.
This casebook raises interesting and challenging problems concerning the development of property law. Property concepts are introduced through cutting edge issues, such as intellectual property, rights of publicity, and ownership rights in the human body. Historical dimensions are presented through discussions of laws which formerly excluded certain individuals from most forms of ownership and property control, such as Native Americans, African Americans, and women. The text covers traditional topics: estates in land, landlord and tenant laws, transfers of property, private land use controls, and constitutional limitations on public land use controls. Most chapters are preceded by a concise summary of legal doctrines or common themes covered in the chapter. Explanatory Notes provide extensive explanations of cases and rules; they clarify complicated opinions with background information regarding the circumstances giving rise to the proceedings. Problems and Problem Notes take students beyond the realm of settled rules to generate analysis of the purpose behind the rules. This book also points students to relevant secondary sources for a broader understanding of property law. This eBook features links to Lexis Advance for further legal research options.
Trusted by generations of students, the Longman Law Series can be relied upon to spark your academic curiosity and provide you with the best possible basis for legal study. Property Law is your indispensable guide to all aspects of property law, helping you make the most of your studies. MyLab and Mastering from Pearson improve results for students and educators. Used by over ten million students, they effectively engage learners at every stage. For educator access, contact your Pearson Account Manager.
This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, American Legal History: Cases and Materials, Fifth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development of American society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Fifth Edition, is an indispensable text for students and teachers of constitutional and legal history, the judicial process, and the effects of society on law.
Australian Principles of Property Law, now in its third edition, covers all aspects of Australian real property law. Each chapter has been expanded and updated to incorporate the latest developments and theories. Incorporating academic discussion of historical and theoretical issues underlying the property system, as well as practical discussion of relevant legislative schemes, this texbook is the ideal accompaniment to any undergraduate property law course. Focusing on Victorian law, the text also outlines developments in other states and provides technical explanations where necessary. It is supported throughout by extracts from a wide range of cases and materials.
Written more than a half-century ago, The Modern Corporation and Private Property remains the fundamental introduction to the internal organization of the corporation in modern society. Combining the analytical skills of an attorney with those of an economist, Berle and Means raise the central questions, even when their answers have been superseded by changing circumstances. This volume remains of valuable to all those concerned with the evolution of this major social institution.
Providing students with all the material they are likely to need on land law this edition takes account of new developments, in particular the Landlord and Tenant (Covenants) Act 1995 and the Trusts of Land and Appointment of Trustees Act 1996.
Longman Law SeriesEditorial Advisory BoardProfessor I.H. Dennis (University College, London)Professor R.W. Rideout (University College, London)Professor J.A. Usher (University Of Edinburgh)This new edition of Property Law builds upon the highly successful earlier editions, providing a modern and comprehensive text. Full consideration is given to the important proposals of the Law Commission relating to the reform of registration of title. It also encompasses the most recent statutes, including the Contracts (Rights of Third Parties) Act 1999, and case law. Amongst the most important new cases covered are Central London Commercial Estates Ltd v Kato Kagaku Ltd (adverse possession); Bruton v London and Quadrant Housing Trust (leases) and Royal Bank of Scotland plc v Etridge (no 2) (mortgages).Property Law provides full coverage of basic property principles, permitting land law principles to be situated within this broader context. Particular attention is given to the role of possession, for both land and chattels. Trusts and equity are explained so far as these are relevant to property issues. The approach adopted thus ensures that the book is suitable for courses which deal with pro
Cases and Materials on Company Law guides students through the complexities of company law with a broad selection of source materials that are placed in context through clear commentary. It covers all the principal areas of company law including the issue of securites and insolvency. The book concentrates on how the law facilitates and regulates the operation of companies, both large and small, reflecting the realities of current practice. To help students understand the signficance of the material presented, each section is preceded by a concise introduction. Similarly, each case is preceded by a statement of its legal significance and a summary of the main facts. The book has been fully revised to incorporate the groundbreaking changes to domestic company law as a result of the Companies Act 2006. The new edition has been made easier to navigate as a result of a new two colour text design that clearly differentiates extracted material from the authors' commentary.
The Fifth Edition provides a comprehensive set of teaching materials for the course in Conflict of Laws as it is taught in most American law schools. It includes some new cases, selected for their teaching value, while also retaining the best cases from the prior edition. It also includes problems in all chapters to test the students' understanding of each segment of material covered in the course. The first three chapters establish the historical background for the study of Conflict of Laws, introduce the students to all of the Conflicts systems existing in the United States, and explore the constitutional limits on the ability of the states to apply their law to multistate transactions and occurrences. With this background, the following four chapters examine the operation of the choice-of-law doctrines used in the areas of torts, contracts, property, and domestic relations. The grounding provided by the first three chapters allows teachers to choose those topics to teach in the following four chapters without necessarily covering the chapters in their entirety if time does not permit. The final three chapters deal with vertical choice of law (the Erie doctrine), interstate judgment enforcement, and personal jurisdiction. The book is organized so that these final three chapters can be covered out of order to suit a wide range of teaching preferences. Each chapter contains note material following the cases to help teachers explore the full range of issues raised by the doctrines being studied. The problems contained in each chapter increase the students' comprehension of the materials and provide a basis for more interesting classroom discussions.
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.
Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.
Family Law addresses contemporary family law issues and analyzes the public and private dichotomy in contemporary family law relationships. Current family law topics addressed in this book include: • Marriage and marriage alternatives • Support and property rights • Conception and reproduction issues • Domestic violence and intrafamily torts • Care and supervision of children • Adoption and termination of parental rights • Legitimacy and paternity • Divorce or dissolution of marriage • Economic consequences of divorce, including spousal and child support, equitable distribution of marital and community property and a discussion of the American Law Institute's proposed principles of the law of family dissolution • Child custody and visitation, including a discussion of the Uniform Child Custody Jurisdiction and Enforcement Act and the Uniform Interstate Family Support Act • Premarital and postmarital agreements • Alternative dispute resolution • Ethical issues for the family lawyer While addressing many cutting-edge family law issues, this Family Law casebook still maintains a realistic balance between theory and practice. The format is manageable, condensed, and user-friendly. Each topic includes a general introduction, a current or landmark illustrative judicial decision, relevant notes and questions analyzing, extending, or questioning each topic, and problems allowing students to analyze particular family law issues and disputes as practitioners, legislators, or jurists would. This eBook features links to Lexis Advance for further legal research options.
Well-known Torts expert Richard A. Epstein skillfully and effectively integrates modern scholarship and historical background in this highly successful casebook. Cases and Materials on Torts, now in its Ninth Edition, is an excellent introduction to the first-year Torts course that has been classroom-tested - and proven - by generations of law students. Characteristics that have helped to make Cases and Materials on Torts a leader in the field include: Outstanding authorship: Richard A. Epstein is a well-known and highly respected expert in the field, and his presentation of the material with a definite economics-based point of view engages students and fuels class discussion Traditional approach: Cases are integrated with modern scholarship on moral theory, law and economics, and salient policy questions Thoughtful presentation: Professor Epstein examines the processes of legal method, legal reasoning, and the impact of legal rules on social institutions and exposes students to different intellectual approaches that have been employed to interpret tort law over the years Historical background: Discussion of the historical backdrop provides students with an accurate sense of Tort Law and its development up to the present comprehensive Teacher's Manual: Professor Epstein shares proven teaching tips Continuing the past tradition of this widely used casebook, the Ninth Edition has been updated with: updated coverage of the growth in the doctrines of federal preemption into Tort Law, including whether compliance with a federal regulation blocks a state tort action coverage of the role of cyberspace in tort law, especially on the property torts, such as conversion New cases and updated notes throughout Well written and insightful, this venerable casebook provides a firm introduction to torts for first-year students, giving them a sense of the historical underpinnings of tort law as well as exposure to different intellectual approaches to interpreting it. An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/epstein9
Includes Part 1A: Books and Part 1B: Pamphlets, Serials and Contributions to Periodicals