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Author : Shelly Kreiczer-Levy
Publisher : Cambridge University Press
Page : 201 pages
File Size : 44,5 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781108475273
This book studies the rise of access over ownership and the sharing economy's challenges to the liberal vision of property.
Author : David M. P. Freund
Publisher : University of Chicago Press
Page : 528 pages
File Size : 43,6 Mb
Release : 2010-04-13
Category : Social Science
ISBN : 9780226262772
Northern whites in the post–World War II era began to support the principle of civil rights, so why did many of them continue to oppose racial integration in their communities? Challenging conventional wisdom about the growth, prosperity, and racial exclusivity of American suburbs, David M. P. Freund argues that previous attempts to answer this question have overlooked a change in the racial thinking of whites and the role of suburban politics in effecting this change. In Colored Property, he shows how federal intervention spurred a dramatic shift in the language and logic of residential exclusion—away from invocations of a mythical racial hierarchy and toward talk of markets, property, and citizenship. Freund begins his exploration by tracing the emergence of a powerful public-private alliance that facilitated postwar suburban growth across the nation with federal programs that significantly favored whites. Then, showing how this national story played out in metropolitan Detroit, he visits zoning board and city council meetings, details the efforts of neighborhood “property improvement” associations, and reconstructs battles over race and housing to demonstrate how whites learned to view discrimination not as an act of racism but as a legitimate response to the needs of the market. Illuminating government’s powerful yet still-hidden role in the segregation of U.S. cities, Colored Property presents a dramatic new vision of metropolitan growth, segregation, and white identity in modern America.
Author : Hanoch Dagan
Publisher : Cambridge University Press
Page : 343 pages
File Size : 52,7 Mb
Release : 2021-04-15
Category : Business & Economics
ISBN : 9781108418546
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Author : Michael Nancarrow,Penny Carruthers,Steven White,Christopher Boge,Dominic Cudmore,Astrid Di Carlo
Publisher : Cambridge University Press
Page : 1588 pages
File Size : 40,9 Mb
Release : 2022-09-30
Category : Law
ISBN : 9781009284509
Australian Property Law: Principles to Practice is an engaging introduction to property law in Australia. Covering substantive law and procedural matters, this textbook presents the law of personal and real property in a contemporary light. Australian Property Law details how property law practice is transformed by technology and provides insights into contemporary challenges and risks. Taking a thematic approach, the text covers possession of goods and land, land tenure, estates and future interests, property registration systems, Indigenous land rights and native title, social housing, Crown land and ethics. Complex concepts are contextualised by linking case law and legislation to practical applications. Each chapter is supported by digital tools including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, review questions and longer narrative problems. Australian Property Law provides an essential introduction to the principles and practice of property law in an ever-changing technological environment.
Author : Alison Clarke
Publisher : Cambridge University Press
Page : 751 pages
File Size : 48,5 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781107090538
A radical new analysis of fundamental property principles which enables students to make sense of an exciting and fast-developing subject.
Author : Fabiana Bettini ,Martin Fischer ,Charles Mitchell,Prince Saprai
Publisher : UCL Press
Page : 362 pages
File Size : 45,6 Mb
Release : 2023-10-16
Category : Law
ISBN : 9781800085626
New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.
Author : Kaarlo Tuori
Publisher : Cambridge University Press
Page : 315 pages
File Size : 53,6 Mb
Release : 2021-09-16
Category : Law
ISBN : 9781108956666
Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.
Author : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 52,9 Mb
Release : 2021-01-15
Category : Law
ISBN : 9780198851356
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
Author : Robert C. Ellickson,Vicki L. Been,Roderick M. Hills,Christopher Serkin
Publisher : Aspen Publishing
Page : 922 pages
File Size : 49,5 Mb
Release : 2020-10-15
Category : Law
ISBN : 9781454897934
Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy
Author : Laura J. Rosenthal
Publisher : Cornell University Press
Page : 271 pages
File Size : 45,7 Mb
Release : 2019-05-15
Category : Literary Criticism
ISBN : 9781501744808
Passage of the first copyright law in 1710 marked a radical change in the perception of authorship. According to Laura J. Rosenthal, the new construction of the author as the owner of literary property bore different consequences for women than for men, for amateurs than for professionals, and for playwrights than for other authors. Rosenthal explores distinctions between legitimate and illegitimate forms of literary appropriation in drama from 1650 to 1730. In considering the alleged plagiarists Margaret Cavendish (the Duchess of Newcastle), Aphra Behn, John Dryden, Colley Cibber, and Susanna Centlivre, Rosenthal maintains that accusations had less to do with the degree of repetition in texts than with the gender of the authors and the cultural location of the plays. Questions of literary property, then, became not just legal matters but part of a discourse aimed at conferring or withholding cultural authority. Struggles over literary property must be seen in the context of competing conceptions of property in general, Rosenthal asserts, and she shows how both Filmerian and Lockean models gender the position of the owner. Drawing on feminist theory and from scholarship in history, philosophy, and political science, Rosenthal debates the relationship between women and property in modern England. Gender and class, she contends, continue to influence judgments as to what stories a playwright can own or use, as to whom critics praise as heirs to Shakespeare and Jonson, and as to whom they damn as plagiarists.
Author : Hans-Christoph Schmidt am Busch,Daniel Halliday,Thomas Gutmann
Publisher : Taylor & Francis
Page : 244 pages
File Size : 48,8 Mb
Release : 2022-09-21
Category : Law
ISBN : 9781000645842
In every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research. It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought. This book will be of great interest to scholars in these areas as well as policy-makers.
Author : Shauhin Talesh,Elizabeth Mertz,Heinz Klug
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 40,9 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781788117777
This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
Author : Daniel B. Rodriguez
Publisher : Cambridge University Press
Page : 355 pages
File Size : 40,9 Mb
Release : 2024-06-30
Category : Law
ISBN : 9781009123051
Explores the origins and functions of state police power and its connection to state constitutionalism and government regulation.
Author : Keijiro Otsuka,Takashi Shiraishi
Publisher : Routledge
Page : 247 pages
File Size : 44,8 Mb
Release : 2014-02-03
Category : Business & Economics
ISBN : 9781317909446
Why does a huge income gap still exist between developed and developing countries? Plausible causes on the surface may be the difference in technology, the quality of human resources, and economic institutions, but on the deeper level the gap reflects the success and failure of state building which is vital for economic development. This book provides cutting-edge knowledge on state building, economic development, and democratization based on case studies of Japan, ASEAN, South Asia, and selected countries in sub-Saharan Africa. The book examines the interaction between land policies and the state building in sub-Saharan Africa. It also pays special attention to corruption, which affects the relationship between the state and the development, and decentralization, which exerts influences on the contentious politics. Finally, the book also sheds new light on the failure and success of industrial policies based on a literature review and a case study of the rapidly growing pharmaceutical industry in Bangladesh. This book is one of the few studies which squarely addresses state building and economic development, and will be of use to those interested in this subject, development practitioners, and policymakers in developing countries.
Author : Robert C. Brears
Publisher : Springer Nature
Page : 2334 pages
File Size : 52,6 Mb
Release : 2023-01-13
Category : Social Science
ISBN : 9783030877453
While urban settlements are the drivers of the global economy and centres of learning, culture, and innovation and nations rely on competitive dynamic regions for their economic, social, and environmental objectives, urban centres and regions face a myriad of challenges that impact the ways in which people live and work, create wealth, and interact and connect with places. Rapid urbanisation is resulting in urban sprawl, rising emissions, urban poverty and high unemployment rates, housing affordability issues, lack of urban investment, low urban financial and governance capacities, rising inequality and urban crimes, environmental degradation, increasing vulnerability to natural disasters and so forth. At the regional level, low employment, low wage growth, scarce financial resources, climate change, waste and pollution, and rising urban peri-urban competition etc. are impacting the ability of regions to meet socio-economic development goals while protecting biodiversity. The response to these challenges has typically been the application of inadequate or piecemeal solutions, often as a result of fragmented decision-making and competing priorities, with numerous economic, environmental, and social consequences. In response, there is a growing movement towards viewing cities and regions as complex and sociotechnical in nature with people and communities interacting with one another and with objects, such as roads, buildings, transport links etc., within a range of urban and regional settings or contexts. This comprehensive MRW will provide readers with expert interdisciplinary knowledge on how urban centres and regions in locations of varying climates, lifestyles, income levels, and stages development are creating synergies and reducing trade-offs in the development of resilient, resource-efficient, environmentally friendly, liveable, socially equitable, integrated, and technology-enabled centres and regions.
