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 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.
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.
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.
Modern Family Law reflects the social diversity of the modern family as it examines the legal impacts of the women’s movement, the children’s rights movement, the fathers’ rights movement, domestic violence, changing sexual mores, nontraditional family forms, and developments in reproductive technology. Integrating valuable interdisciplinary perspectives, the text includes excerpts, notes, and questions emanating from history, psychology, sociology, social work, medicine, and philosophy. A variety of problem exercises, most derived from actual cases and current events, covers cross-cutting themes as well as the basics of family law. Human-interest stories that complement the cases heighten student awareness of the real impact of the law on people’s lives. Modern Family Law easily adapts to shorter or longer courses. The Sixth Edition offers contemporary perspectives on family law theory and covers new developments on such topics as alienation of affections, adoption, assisted reproduction, attorneys’ sexual ethics, bigamy, child abuse, child custody and support, divorce, domestic violence, grandparents’ visitation rights, names in the family, parentage, premarital agreements, and reproductive rights. The text features major coverage of developments on same-sex marriage, DOMA, and other issues of equality for gay and lesbian families. The decline of marriage and the rise of new conceptualizations of family are explored along with the return of the “culture wars,” including political disputes about contraception.
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.
Innovative new EU Law text offering a modern approach to the institutional and substantive law of the EU. Provides a comprehensive introduction to EU law, combining the popular text, cases, and materials format with a range of supportive learning features, making it the ideal text for students looking for a thorough yet accessible guide to EU law.
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
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.
This casebook is designed to introduce property law to 21st century law students. It presents the core concepts of property law in a streamlined format that is clear and easy to understand, while maintaining the intellectual challenge of the subject. The book covers the standard property topics with a blend of familiar and modern cases selected to appeal to today's students. It also includes sections on intellectual property and environmental law. As with other books in the Interactive Casebook Series, the accompanying electronic version allows students immediate access to the full text of cited cases, statutes, articles, and other materials in the Westlaw database. In addition, the electronic version includes over 200 photographs, maps, diagrams, original documents, and audio clips that help students understand the case materials, together with more than 300 multiple choice questions and answers so that students can assess their progress.
A systematic survey of fundamental statements of Islamic and Near Eastern law that includes selections from the writings of classic Islamic scholars, contemporary works on legal theory, and modern Middle Eastern codes. No other accessible work brings together so many useful materials on the development of Islamic law, as does this volume based on translations from a variety of languages and numerous sources, all of which are identified. Because of the important role which law plays in Islamic culture, some acquaintance with legal developments is indispensible if one is to gain a rounded picture of Islamic culture.
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.
Ideal for students taking a course on competition law in its European context, this book guides students through a wide range of carefully selected cases and materials with exceptional analysis and comment. The selection of writings has been chosen to present the most important perspectives onthe subject as well as the broader socio-economic context of EC competition law. This third edition has been fully updated with all the recent developments within EC Competition Law since 2004, including coverage of the review of Article 82 and the green paper on damages, as well as further information on US anti-trust law. Each chapter now begins with a 'central issues'section which helps students to focus and direct their learning. Editions are kept up-to-date via an accompanying Online Resource Centre which also contains relevant weblinks and material including an additional chapter on State Aids. Combining the strengths of a modern textbook and traditional materials book, Cases and Materials on EC Competition Law provides a wide-ranging and thorough guide to the study of Competition Law, enabling students to engage with both legal and economic aspects and making it ideal for both under andpostgraduate courses on EC Competition Law.
Property law is concerned with a wider variety of rights, obligations and interests than most other areas of law, and can prove daunting to those studying the subject for the first time. Commonwealth Caribbean Property Law sets out in a clear and concise manner the central principles of the law of real property in the region, in order to guide students through this often complex core subject area. In this new edition, the book has been fully revised and updated to include important new case law from the various Caribbean jurisdictions and an expanded appendix of working documents. With comprehensive coverage of the main topics studied by undergraduates, such as Leases, Co-Ownership, Restrictive Covenants, Easements, Mortgages, and Land Sale, this textbook is essential reading for LLB students in Caribbean universities and students on CAPE Law courses. The extensive coverage of land law from a Caribbean perspective and analysis of the substantive laws of several jurisdictions will also make this text an invaluable reference tool for practitioners.
Basic Tort Law: Cases, Statutes, and Problems, Second Edition, written by authors who bring years of experience teaching and writing about torts to the task, is concise, accessible, and employs a well-articulated and class-tested pedagogy. A torts book that doesnt hide the ball from students, both students and teachers will find it user-friendly. The new edition of this casebook retains the features that made it a success: clear, direct text introduces cases and explains important concepts a balance of modern and classic torts cases, including Vaughan v. Menlove (on standard of care), Vincent v. Lake Erie Transportation Co. (on doctrine of incomplete privilege), Greenman v. Yuba Power (on product liability) appealing, memorable problems based on actual reported cases that reinforce understanding and build analytical skills contemporary conception and content with the most current thinking on key issues ample background information that places cases and statutes in context varied note materials -- introductory and transitional notes that encourage close attention to cases and perspective notes that explore a range of viewpoints on tort law a comprehensive Teachers Manual that includes sample syllabi and guidance for structuring 4- and 6-credit courses, detailed suggestions for presenting and preparing cases and materials for class, and answers and analysis to all problems and questions raised in the book The second edition of this popular casebook provides updated material throughout the text illuminates the procedural posture of every case refreshes and updates case selection in a number of chapters, including those for standards of care, statutory violation, multiple sufficient causes, foreseeability as a proximate cause test, substantial factor as a proximate cause test, assumption of risk, and defamation supplies reworked notes and introductory sections, particularly for res ipsa loquitur, duty, and professional standard of care
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.