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Property Outlaws
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Book Synopsis Property Outlaws by : Eduardo M. Penalver
Download or read book Property Outlaws written by Eduardo M. Penalver and published by Yale University Press. This book was released on 2010-02-16 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.
Book Synopsis Property Outlaws by : Eduardo M. Peñalver
Download or read book Property Outlaws written by Eduardo M. Peñalver and published by . This book was released on 2010 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of ?property outlaws”?the trespasser, squatter, pirate, or file-sharer?to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of ?property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.
Book Synopsis Property Law by : Joseph William Singer
Download or read book Property Law written by Joseph William Singer and published by Aspen Publishing. This book was released on 2017-03-10 with total page 1887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, 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. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks This hugely successful cases-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its clear descriptions of legal doctrine and its variations; its explanations of the social ramifications of property law; its emphasis on both statutory and regulatory interpretation; its comprehensive treatment of public accommodations and fair housing law, current tribal property issues, and property in human bodies; and its use of the problem method to teach legal reasoning andlawyeringskills. Thoroughly updated to reflect significant changes in the law of property, the Seventh Edition incorporates multiple new Supreme Court cases, including:Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.,Obergefellv. Hodges, andReed v. Town of Gilbert, and 3 decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture,Marvin M. Brandt Revocable Trust v. United States, andMurrv. State. Key Features: Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes. These include multiple new Supreme Court cases: Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015), upholding disparate impact claims under the Fair Housing Act; Obergefellv. Hodges, 123 S. Ct. 2584 (2015), finding a constitutional right to same-sex marriage; Reed v. Town of Gilbert,135 S. Ct. 2218 (2015), broadly applying the First Amendment’s free speech clause to sign regulations; and three decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture, 135 S. Ct. 2419 (2015),Marvin M. Brandt Revocable Trust v. United States, 134 S. Ct. 1257 (2014), andMurrv. State, 359Wis.2d675 (Wis. Ct. App. 2014), cert. granted sub nom.Murrv. Wisconsin, 136 S.Ct. 890 (2016). New materials and problems have been included in several areas: Collisions between the sharing economy and servitude, zoning, and landlord-tenant law; Questions of the inheritance rights of children born through assisted reproductive technology; Continuing litigation over the Rails-to-Trails Act conversion of abandoned railroad tracks into recreational trails Invalidation of the copyright on the Happy Birthday song; Commonwealth v.Magadini, 52 N.E.3d 1041 (Mass. 2016), upholding a necessity defense to a trespass charge against a homeless man; and The Revised Uniform Residential Landlord and Tenant Act, adopted in 2015.
Book Synopsis In-laws, Outlaws, and Granny Flats by : Michael Litchfield
Download or read book In-laws, Outlaws, and Granny Flats written by Michael Litchfield and published by Taunton Press. This book was released on 2011 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how to turn the extra space in one's home into a separate living quarters in order to house a relative or to rent out to a boarder to earn extra money.
Book Synopsis Property and Community by : Gregory S. Alexander
Download or read book Property and Community written by Gregory S. Alexander and published by Oxford University Press. This book was released on 2010-01-21 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed. Alexander and Peñalver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself.
Book Synopsis Perspectives on Property Law by : Robert C. Ellickson
Download or read book Perspectives on Property Law written by Robert C. Ellickson and published by Aspen Publishing. This book was released on 2023-02-01 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook 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, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team
Book Synopsis An Introduction to Property Theory by : Gregory S. Alexander
Download or read book An Introduction to Property Theory written by Gregory S. Alexander and published by Cambridge University Press. This book was released on 2012-04-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.
Book Synopsis Perspectives on Property Law by : Robert C. Ellickson
Download or read book Perspectives on Property Law written by Robert C. Ellickson and published by Aspen Publishing. This book was released on 2014-04-11 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reader on property law continues its lengthy track record of success of combining fascinating and essential readings and materials pertaining to property law with author commentary. Now in its Fourth Edition, Perspectives on Property Law adds nationally renowned property scholar Henry E. Smith as co-author to its already impressive author team. Features: Among the new readings included in the Fourth Edition: William Fischel's book on the Homevoter Hypothesis Libecap and Lueck's article on systems of land demarcation Peñalver and Katyal's book on property outlaws Robert Merges's article on the new dynamism in the public domain
Book Synopsis Property in the Margins by : A J van der Walt
Download or read book Property in the Margins written by A J van der Walt and published by Bloomsbury Publishing. This book was released on 2009-05-29 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.
Book Synopsis Law, Property and Disasters by : Daniel Fitzpatrick
Download or read book Law, Property and Disasters written by Daniel Fitzpatrick and published by Taylor & Francis. This book was released on 2021-05-30 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a re-assessment of property law for a future of environmental disruption. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies and natural disasters.
Book Synopsis Research Handbook on Property, Law and Theory by : Chris Bevan
Download or read book Research Handbook on Property, Law and Theory written by Chris Bevan and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.
Download or read book House documents written by and published by . This book was released on 1880 with total page 1196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Death and Life of the Urban Commonwealth by : Margaret Kohn
Download or read book The Death and Life of the Urban Commonwealth written by Margaret Kohn and published by Oxford University Press. This book was released on 2016-09-21 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The city is a paradoxical space, in theory belonging to everyone, in practice inaccessible to people who cannot afford the high price of urban real estate. Within these urban spaces are public and social goods including roads, policing, transit, public education, and culture, all of which have been created through multiple hands and generations, but that are effectively only for the use of those able to acquire private property. Why should this be the case? As Margaret Kohn argues, when people lose access to the urban commons, they are dispossessed of something to which they have a rightful claim - the right to the city. Political theory has much to say about individual rights, equality, and redistribution, but it has largely ignored the city. In response, Kohn turns to a mostly forgotten political theory called solidarism to interpret the city as a form of common-wealth. In this view, the city is a concentration of value created by past generations and current residents: streets, squares, community centers, schools and local churches. Although the legal title to these mixed spaces includes a patchwork of corporate, private, and public ownership, if we think of the spaces as the common-wealth of many actors, the creation of a new framework of value becomes possible. Through its novel mix of political and urban theory, The Death and Life of the Urban Commonwealth proposes a productive way to rethink struggles over gentrification, public housing, transit, and public space.
Download or read book Criminal Law written by Herring Jonathan and published by Oxford University Press. This book was released on 2024 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis House Documents by : USA House of Representatives
Download or read book House Documents written by USA House of Representatives and published by . This book was released on 1873 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Governing Access to Essential Resources by : Katharina Pistor
Download or read book Governing Access to Essential Resources written by Katharina Pistor and published by Columbia University Press. This book was released on 2015-12-08 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential resources do more than satisfy people's needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity to others, many are searching for ways to ensure their fair distribution. This book argues that the division of essential resources ought to be governed by a combination of Voice and Reflexivity. Voice is the ability of social groups to choose the rules by which they are governed. Reflexivity is the opportunity to question one's own preferences in light of competing claims and to accommodate them in a collective learning process. Having investigated the allocation of essential resources in places as varied as Cambodia, China, India, Kenya, Laos, Morocco, Nepal, the arid American West, and peri-urban areas in West Africa, the contributors to this volume largely concur with the viability of this policy and normative framework. Drawing on their expertise in law, environmental studies, anthropology, history, political science, and economics, they weigh the potential of Voice and Reflexivity against such alternatives as pricing mechanisms, property rights, common resource management, political might, or brute force.
Book Synopsis The Meaning of Property by : Jedediah Purdy
Download or read book The Meaning of Property written by Jedediah Purdy and published by Yale University Press. This book was released on 2010-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of For Common Things, a brilliant and ambitious rethinking of the meaning of property in democratic society In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.
