Landmark Cases in Property Law
Landmark Cases in Property Law

Author: Simon Douglas

Publisher: Bloomsbury Publishing

Published: 2015-06-25

Total Pages: 465

ISBN-13: 1509900276

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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

Author: Nigel Gravells

Publisher: Bloomsbury Publishing

Published: 2013-06-03

Total Pages: 470

ISBN-13: 1782251529

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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

Author: Brian Sloan

Publisher: Bloomsbury Publishing

Published: 2019-10-31

Total Pages: 524

ISBN-13: 1509919015

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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 the Law of Restitution
Landmark Cases in the Law of Restitution

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

Published: 2006-04-18

Total Pages: 271

ISBN-13: 1847316956

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It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.

Landmark Cases in the Law of Contract
Landmark Cases in the Law of Contract

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

Published: 2008-05-30

Total Pages: 380

ISBN-13: 1847317103

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Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.

Landmark Cases in the Law of Tort
Landmark Cases in the Law of Tort

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

Published: 2010-02-18

Total Pages: 400

ISBN-13: 1847315674

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Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.

I Dissent
I Dissent

Author: Mark Tushnet

Publisher: Beacon Press

Published: 2008-06-01

Total Pages: 260

ISBN-13: 9780807000366

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For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.

Brown v. Board of Education
Brown v. Board of Education

Author: James T. Patterson

Publisher: Oxford University Press

Published: 2001-03-01

Total Pages: 318

ISBN-13: 0199880840

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2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Contemporary Supreme Court Cases [2 volumes]
Contemporary Supreme Court Cases [2 volumes]

Author: Donald E. Lively

Publisher: Bloomsbury Publishing USA

Published: 2016-02-22

Total Pages: 768

ISBN-13: 1440837139

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With its blend of accessible writing and actual excerpts from Court opinions, this book serves to explain the legal and cultural underpinnings of landmark U.S. Supreme Court decisions of the past 35 years—and to illuminate how these decisions have shaped the trajectory and character of modern American society. As the nation's law defines society, society defines the law. As the nation's fundamental law, the U.S. Constitution is the overarching statement of the people's will. Interpreting the Constitution, however, is no simple task. This book examines more than 100 landmark Supreme Court cases from 1973 to the present, providing readers with insights into decisions that have had a profound impact on American politics, commerce, culture, and life. Organized categorically, this book serves readers either as a comprehensive review of modern constitutional law or as a ready reference source. It includes entries on Supreme Court decision-making regarding high-interest issues such as abortion (Roe v. Wade, 1973; Gonzales v. Carthart, 2007), climate change (Massachusetts v. EPA, 2007), voting rights (Bush v. Gore, 2000), free speech (Texas v. Johnson, 1989), the death penalty (Roper v. Simmons, 2005), immigration (Arizona v. United States, 2012), campaign financing (Citizens United v. FEC, 2010), gun control (District of Columbia v. Heller, 2008), the Affordable Care Act (National Federation of Independent Business v. Sebelius, 2012), and gay marriage (United States v. Windsor, 2013). The book not only interprets key Court decisions but also provides critical context and perspective that makes the subject matter easier to understand and more meaningful, especially for readers without an extensive background in Constitutional law. Bibliographies are provided at the end of each case to direct those seeking to delve more deeply into specific topics.