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Reinterpreting Property
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Book Synopsis Reinterpreting Property by : Margaret Jane Radin
Download or read book Reinterpreting Property written by Margaret Jane Radin and published by University of Chicago Press. This book was released on 2009-04-03 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory.
Book Synopsis Property Rights and Social Justice by : Rachael Walsh
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
Book Synopsis New Essays in the Legal and Political Theory of Property by : Stephen R. Munzer
Download or read book New Essays in the Legal and Political Theory of Property written by Stephen R. Munzer and published by Cambridge University Press. This book was released on 2001-06-18 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines central issues of property theory from a variety of perspectives.
Book Synopsis Property Rights and Sustainability by : David Grinlinton
Download or read book Property Rights and Sustainability written by David Grinlinton and published by Martinus Nijhoff Publishers. This book was released on 2011-04-11 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.
Book Synopsis Properties of Property by : Gregory S. Alexander
Download or read book Properties of Property written by Gregory S. Alexander and published by Aspen Publishing. This book was released on 2012-04-30 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt: Broadly interdisciplinary, Properties of Property provides an overview of cutting-edge work from leading legal scholars as well as important non-legal scholars. The text is designed for an international audience, particularly teachers, scholars, and students throughout Europe, the British Commonwealth, and China. Properties of Property is perfectly suited for courses and seminars in other departments, from history to urban planning, both at the graduate and undergraduate level. It is a must for any law school library, even if no seminar on property theory is offered, because it appeals to law school students as well as scholars and graduate students interested in property. Features of Properties of Property: Broadly interdisciplinary o cutting-edge work from leading legal scholars and important non-legal scholars Appeals to an international audience o teachers, scholars, and students o throughout Europe, the British Commonwealth, and China Suited for courses and seminars in other departments o from history to urban planning o both at the graduate and undergraduate level A must for any law school library o relevant, even if no seminar on property theory is offered o appeals to law school students, scholars and graduate students interested in property o provides different ways the authors have organized property theory seminars using the book o suggestions for using the book as a companion to a property casebook o discussion of questions posed in the Notes
Book Synopsis Contemporary Property Rights Issues by : James W. Ely, Jr.
Download or read book Contemporary Property Rights Issues written by James W. Ely, Jr. and published by Taylor & Francis. This book was released on 1997 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: A multidisciplinary overview This new series gathers a broad selection of the best scholarly literature dealing with property rights in American constitutional history. The initial three volumes deal with the historical aspects of property ownership, many of which are relevant to contemporary developments. Another volume is devoted to the contract clause, which was the heart of a great deal of constitutional litigation. Two volumes deal directly and at length with current issues, such as regulatory takings. The authors come from a variety of disciplines, including history, law, and political science, bringing a multidisciplinary approach to the debate, and providing an excellent background for understanding contemporary issues. A versatile classroom and student research resource Because it gathers so many important articles from law reviews, academic journals, and books, including classic essays by prominent 19th-century authorities, this collection is a valuable resource for law schools. But its thorough exploration of a vital issue that has been the concern of legislators, courts, and citizens since the founding of the republic also makes it useful in American History classes. Professors will appreciate the collection because it gives them access to a concentration of material for classroom use and it's a user-friendly way to introduce students to a variety of opinions and, diversity of sources that can get them started on doing their own research. Students will appreciate the many articles as a veritable gold mine of information.
Book Synopsis Proprietary Remedies in Context by : Craig Rotherham
Download or read book Proprietary Remedies in Context written by Craig Rotherham and published by Bloomsbury Publishing. This book was released on 2002-04-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights.
Book Synopsis LAW OF COPYRIGHT by : DAS, JATINDRA KUMAR
Download or read book LAW OF COPYRIGHT written by DAS, JATINDRA KUMAR and published by PHI Learning Pvt. Ltd.. This book was released on 2021-02-01 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book attempts to critically analyse the cases on the law of copyright as well as statutory provisions of law of copyright. When the first edition of the book was published in 2015, there was no readable and dependable book for the general reader interested to be acquainted with the changing features of the law of copyright immediate after the enactment of the Copyright (Amendment) Act 2012. Since the publication of this book, the Finance Act 2017 has introduced Appellate Board in place of Copyright Board as well as the Supreme Court and High Courts in India have also delivered a large number of judicial decisions on the law of copyright. In this edition the author has surveyed all such Courts decisions and analysed them and inserted them in appropriate places of the book and also examined the impact of the Appellate Board. It presents not only the provisions of the Copyright Act 1957 in the form of a normative, but points out the changes made thereon by formal amendments as well as conflicts of law which have been settled by judicial interpretations. The book is divided into ten chapters. Chapter 1 is introductory, while Chapters 2 and 3 discuss the origin and development of law of copyright at international as well as national level. The most important debatable issue in copyright law is “works in which copyright subsists”, and the Chapter 4 is devoted to this aspect. Chapter 5 explores various issues relating to author of work, owner of copyright and recognised rights of copyright owner. The terms of copyright, licensing of copyright, international copyright and registration of copyright are the subject matter of Chapter 6, while rights of broadcasting organisation and of performers (neighbouring rights) are the subject matter of Chapter 7. Internet is the greatest communication medium of the contemporary era, and there is an inherent link between law of copyright and internet. Therefore, Chapter 8 is devoted to discuss various issues relating to “protection of copyright in internet.” While Chapter 9 demonstrates the law relating to infringement of copyright and defences of copyright liability. Chapter 10, the concluding chapter, discusses the enforcement of copyright in India in detail. Though the book is designed for the undergraduate and postgraduate students of Law, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society. TARGET AUDIENCE • Undergraduate and postgraduate students of Law. • Researchers, Academicians, Jurists, Lawyers, Judges as well as members of Civil Society.
Book Synopsis The Law and Ethics of Restitution by : Ḥanokh Dagan
Download or read book The Law and Ethics of Restitution written by Ḥanokh Dagan and published by Cambridge University Press. This book was released on 2004-08-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2004 book provides acomprehensive account of the American law of restitution.
Book Synopsis Contested Commodities by : Margaret Jane Radin
Download or read book Contested Commodities written by Margaret Jane Radin and published by Harvard University Press. This book was released on 2001-11-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work looks at ethical and moral questions surrounding certain economic "commodities" such as body parts and babies. It argues that commodification should remain incomplete, with some contested things being bought and sold only under strict regulation.
Book Synopsis Searching the Law, 3d Edition by : Frank Bae
Download or read book Searching the Law, 3d Edition written by Frank Bae and published by BRILL. This book was released on 2021-12-13 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Idea of Home in Law by : Lorna Fox O'Mahony
Download or read book The Idea of Home in Law written by Lorna Fox O'Mahony and published by Routledge. This book was released on 2016-03-03 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Idea of Home in Law: Displacement and Dispossession explores an important set of legal and policy issues surrounding the concepts of home and homelessness, taking a growing area of legal scholarship into the new arena of human rights and international law. The collection considers the ideas concerning home - both in the sense of the dwelling place as a special type of property, and territorial claims to homeland - which underpin many contemporary legal problems, by examining a range of contexts where people are displaced or dispossessed from their homes. The essays focusing on dispossession consider themes ranging from mortgage and rent arrears in the UK to responses to the foreclosure crisis in the USA, and from eviction for the purposes of economic development in South Africa to the exclusion of asylum seekers from the UK's social housing and welfare provision, and within the framework of the European Convention on Human Rights. The displacement theme, meanwhile, examines transnational 'home' issues from the experiences of exiles and refugees in areas of conflict to the impact of the broader context of economic, social and cultural rights on attempts to protect housing and home through international law. At the heart of each essay the contributors, experts from across the fields of law, policy, and housing rights, examine the circumstances in which displacement and dispossession take place, and reconsider how law and policy respond to such circumstances with a particular focus on the impact of loss of home for the human person. At a time of particular and increasing concern about security of tenure and the role of law and policy in protecting people who are vulnerable to forced eviction, The Idea of Home in Law presents a bold opportunity to raise questions about the 'rights' and norms associated with housing and home, and to generate new insights for scholarship and for national and international policy debates concerning displacement and dispossession.
Book Synopsis Conceptualising Home by : Lorna Fox O'Mahony
Download or read book Conceptualising Home written by Lorna Fox O'Mahony and published by Bloomsbury Publishing. This book was released on 2006-12-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.
Book Synopsis The Triumph of Venus by : Jeanne Lorraine Schroeder
Download or read book The Triumph of Venus written by Jeanne Lorraine Schroeder and published by Univ of California Press. This book was released on 2004-02-23 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of law and economics that dominates American jurisprudence today views the market as rational and individuals as driven by the desire to increase their wealth. It is a view riddled with misconceptions, as Jeanne Lorraine Schroeder demonstrates in this challenging work, which looks at contemporary debates in legal theory through the lens of psychoanalysis and continental philosophy. Through metaphors drawn from classical mythology and interpreted via Lacanian psychoanalysis and Hegelian philosophy, Schroeder exposes the hidden and repressed erotics of the market. Her work shows how the predominant economic analysis of markets and the standard romantic critique of markets are in fact mirror images, reflecting the misconception that reason and passion are inalterably opposed.
Book Synopsis Personalised Medicine, Individual Choice and the Common Good by : Britta van Beers
Download or read book Personalised Medicine, Individual Choice and the Common Good written by Britta van Beers and published by Cambridge University Press. This book was released on 2018-11-22 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hippocrates famously advised doctors 'it is far more important to know what person the disease has than what disease the person has'. Yet 2,500 years later, 'personalised medicine', based on individual genetic profiling and the achievements of genomic research, claims to be revolutionary. In this book, experts from a wide range of disciplines critically examine this claim. They expand the discussion of personalised medicine beyond its usual scope to include many other highly topical issues, including: human nuclear genome transfer ('three-parent IVF'), stem cell-derived gametes, private umbilical cord blood banking, international trade in human organs, biobanks such as the US Precision Medicine Initiative, direct-to-consumer genetic testing, health and fitness self-monitoring. Although these technologies often prioritise individual choice, the original ideal of genomic research saw the human genome as 'the common heritage of humanity'. The authors question whether personalised medicine actually threatens this conception of the common good.
Book Synopsis The Right of Publicity by : Jennifer Rothman
Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Book Synopsis Freedom of Religion and Religious Pluralism by : Jahid Hossain Bhuiyan
Download or read book Freedom of Religion and Religious Pluralism written by Jahid Hossain Bhuiyan and published by Martinus Nijhoff Publishers. This book was released on 2023 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book brings together a variety of religious and non-religious perspectives on religious pluralism. It explores the key philosophical and legal issues associated with religious freedom and social harmony"--
