Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.
Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature. Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.
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.
For those embarking on or engaged in property law research, this is a unique resource which includes contributions from twelve international scholars who each analyse a different research approach, addressing its value, associated methodology and the challenges involved in pursuing it.
"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
In its essence, land law has to provide answers to two very difficult questions: who is entitled to use land, and how they are entitled to use it? Land law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This new introductory textbook reveals the system and also shows how it is possible to understand and criticize land law. The book is written in a student-friendly style and, in both its pages and companion web-site, makes use of helpful visual aids. The book places land law firmly within the wider context of property law. The introduction discusses a basic tension which runs throughout property law, and it shows how that tension is heightened where land is involved. The second part shows the response to this basic tension, setting out a basic structure which applies throughout property law, while noting how the special nature of land leads to the special features of land law. The third part of the book applies the basic structure to the individual topics making up land law courses, using the structure to reveal the conceptual coherence which lies behind the technical terms. The book is ideal reading for undergraduate law students seeking a rock-solid understanding of how land law works.
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
The genealogist trying to locate families, the surveyor or attorney researching old deeds, or the historian seeking data on land settlement will find Pennsylvania Land Records an indispensable aid. The land records of Pennsylvania are among the most complete in the nation, beginning in the 1680s. Pennsylvania Land Records not only catalogs, cross-references, and tells how to use the countless documents in the archive, but also takes readers through a concise history of settlement in the state. The guide explains how to use the many types of records, such as rent-rolls, ledgers of the receiver general's office, mortgage certificates, proof of settlement statements, and reports of the sale of town lots. In addition, the volume includes: cross-references to microfilm copies; maps of settlement; illustrations of typical documents; a glossary of technical terms; and numerous bibliographies on related topics.
This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest.
