Property law: general Books
Lexington Books Redistricting in the New Millennium
Book SynopsisThe process and politics of redistricting have become more complicated over the years. This volume addresses that complication through a series of theoretical, historical, and case study essays.Trade ReviewRedistricting in the New Millennium cogently explores the most political of all institution decisions: drawing district lines. This excellent collection of essays by top-notch authors makes a fine contribution to the literature. -- John C. Green, University of AkronTable of ContentsPart 1 Part I - Introduction: Reapportionment and Redistricting: History and Concepts Chapter 2 Introduction: Redistricting Past, Present, and Future Chapter 3 On the Systemic Consequences of Redistricting in the 1960s Chapter 4 Redistricting and Incumbency: The New Voter Effect Chapter 5 District Geography and Voters Part 6 Part II - Race and Redistricting in the Old and New Millennia Chapter 7 Race, Redistricting, and the Courts Chapter 8 From Beer to Eternity: Why Race Will Always Predominate Under the Voting Rights Act Chapter 9 Minorities and Representation in the New Millennium Part 10 Case Studies in the Old and New Millennia Chapter 11 The Art of the Dummymander: The Impact of Recent Redistrictings on the Partisan Makeup of Southern House Seats Chapter 12 The Republicans Take Control: The 2001 Redistricting in Michigan Chapter 13 All Quiet on the Western Front: Redistricting and Party Competition in California House Elections Chapter 14 Family Feud in Massachusetts: How Intra-party Dynamics Influence Redistricting Chapter 15 Iowa and the Political Consequences of Playing Redistricting Straight Part 16 Redistricting in the New Millennium: — Problems and Solutions Chapter 17 Redistricting in Texas: Institutionalization Republican Ascendancy Chapter 18 Missing the Target: The Supreme Court, "One Person, One Vote," and Partisan Gerrymandering
£101.70
Lexington Books The Safeguard of Liberty and Property
Book SynopsisIn 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverageTrade ReviewThis highly accessible volume about the US Supreme Court’s 2005 eminent domain decision in Kelo v. New London. . . .has succeeded in producing an academic treatment whose objectivity and focus on constitutional law and politics (as distinct from the public policy ramifications of the decision) set the book apart from others on the subject. In clear and well-organized prose, Burnett leads readers through the legal complexities of the case, addressing the origins of the lawsuit, the various stages of the Supreme Court litigation, and the multi-faceted 'backlash' to the decision. The Safeguard of Liberty and Property will be a valuable and well-received addition to reading lists of undergraduates interested in the Supreme Court, judicial decision making, and constitutional law. Summing Up: Highly recommended. General readers and undergraduate students. * CHOICE *In this in-depth examination of Kelo v. New London, 545 U.S. 469 (2005), Professor Guy F. Burnett provides an interesting, well-written illustration of Supreme Court commentator Jeb Rubenfeld’s claim that takings law (along with the right to privacy) is the area of constitutional doctrine most in need of a principle.... The Safeguard of Liberty and Property excels in its thought-provoking and thorough comparison of these opinions. This case study concludes by examining reactions to the Court’s decision, and raises important questions about the case’s legacy, constitutional interpretation, and the popular perception of property law in the modern United States. * The Harvard Law Review *Guy F. Burnett has done an enormous favor for political scientists, lawyers, and concerned citizens by placing the Constitution’s “Takings Clause”—and the Supreme Court’s controversial decision in the Kelo case—in the full context of the Founders’ Constitution and American legal history. His account is at once erudite and highly readable. -- Bradley C. S. Watson, Saint Vincent CollegeThe Takings Clause of the Fifth Amendment declares that no private property shall ‘be taken for public use, without just compensation.’ In this well-researched book, Burnett provides an in-depth case study of Kelo v. City of New London—the highly-controversial 2005 decision in which the Supreme Court completed the process of reading ‘public use’ out of the Constitution and replacing it with ‘public purpose.’ Burnett expertly sets the stage by thoroughly discussing the litigation at the state court level in which Susette Kelo valiantly fought to protect her house from the city’s power of eminent domain. He then explores the legal arguments advanced before the Supreme Court as found in the merit and amici briefs and as presented in the oral argument before masterfully analyzing Justice Stevens’s majority opinion, Justice Kennedy’s concurrence, and the dissents by Justices O’Connor and Thomas. He finishes by exploring the impact of Kelo on subsequent litigation and the legislative reaction to it at the federal, state, and local levels. Burnett’s elucidation of the Court’s evolving interpretation of ‘public use’ over the past century clearly shows how precedent can easily erode the original meaning of language that was understood to be a bedrock protection of private property. This book deserves a wide readership. -- Ralph A. Rossum, Claremont McKenna CollegeTable of ContentsChapter 1: Introduction Chapter 2: The Facts of the Case and the Original Decisions Chapter 3: The Object of Society: The Amicus Briefs and Oral Argument Chapter 4: The Evolving Public Use Clause: The Majority Opinion Chapter 5: At a Loss What Expedient to Substitute: The Concurring Opinion Chapter 6: Merely Incidental Benefits: O’Connor’s Dissenting Opinion Chapter 7: Something Has Gone Seriously Awry: Thomas’s Dissenting Opinion Chapter 8: More Like a Living Nightmare Than a Dream: The Kelo Backlash Chapter 9: Conclusion
£91.80
Rlpg/Galleys Melanesian Land Tenure in a Contemporary and
Book SynopsisThis book is a comparative philosophical analysis of Melanesian communal land tenure and the 'Western' paradigm of private ownership. Inherent ideological tensions between Western development and communal ownership are highlighted while also drawing attention to conflict between principles of private ownership and environmental ethics.Table of ContentsChapter 1 Contents: Melanesian and Western Culture and Their Corresponding Systems of Land Tenure Chapter 2 The Bougainville Crisis and the Hermeneutics of Distributive Justice Chapter 3 Legal Realities of Papua New Guinean and Fijian Communal Tenure Chapter 4 The "Legitimacy" of Different Customary "Ownership" Claims Chapter 5 Christianity and Western Attitudes Towards Property Chapter 6 John Locke and the Issues of Community Ownership Chapter 7 The German Enlightenment, Individual Freedom and the Issue of Community Chapter 8 Individual Acquisition and its Moral Justification Chapter 9 Environmental Ethics and the Issue of Individual versus Community Control of Holdings Chapter 10 Index
£73.80
McFarland & Company World War II Naval and Maritime Claims Against
Book SynopsisContains naval and maritime-related claims brought against the United States government from World War II. This work presents these cases chronologically according to the date of the incident, which led to the lawsuit. It also includes additional background when necessary to fully explain the nature of the claim.
£61.19
William B. Eerdmans Publishing Company The Earth Is the Lords
Book SynopsisWhat does the Christian tradition have to say about property and ownership? The Earth Is the Lord?s offers compelling answers to this question. In this timely and thought-provoking book, author Liam de los Reyes presents a counterpoint from within the Christian tradition to both Lockean and utilitarian theories of property. Combining strong textual evidence and clear reasoning, de los Reyes sets forth a natural law theory of property based on key patristic, scholastic, early modern, and contemporary theological sources. This theory posits that all things belong properly to God; that God has given human beings the power to use the things of the world for their own flourishing; and that property as a convention ought to govern and distribute the things of the world in accordance with this divine purpose. More specifically, de los Reyes argues that within the Christian tradition, property is a convention that gives expression to the political nature of humans by protecting certain principles of justice in how humans govern the material order, while leaving the determination of any one property regime open to a people?s political reasoning that takes into account that people?s historical, cultural, and environmental contexts. De los Reyes?s theory is general enough to support a wide array of philosophical and theological theories of justice but also concrete enough to clarify many of the related critiques of capitalism and markets, making it of particular interest to scholars of ethics, religion, philosophy, law, and economics.
£32.69
MP-SYR Syracuse University P The Mashpee Indians Tribe on Trial
Book SynopsisThis is a reconstruction of the trial where the Mashpee Indians claimed ownership of the area of Cape Cod that they have occupied for 350 years. Their claim was rejected as they were judged not to be a true tribe, having not survived as an ethnic identity.
£16.10
Duke University Press Colonial Lives of Property Law Land and Racial
Book SynopsisBrenna Bhandar examines how the emergence of modern property law contributed to the formation of racial subjects in settler colonies, showing how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as legal narratives that equated civilized life with English concepts of property.Trade Review"I am obsessed with the force and eloquence with which [Bhandar] analyzes the birth of private property and its ongoing devastating effects. This book is going to be precious to me and many other people, too." -- Jordy Rosenberg * Shelf Awareness *"A multidisciplinary and highly original historical account of the legal and philosophical justifications for appropriation and private ownership in the eighteenth and nineteenth centuries." -- Liz Fekete * Race & Class *"Bhandar's important and nuanced book is highly recommended to those with an interest in property theory." -- Ambreena Manji * Journal of Law and Society *"Through close reading of the work of property philosophers as they travel between settler colonial spaces, Bhandar sheds light on where and how the most corrosive ideologies of property reside in the interstitial spaces of everyday culture." -- Anjali Vats * Quarterly Journal of Speech *"Colonial Lives of Property is a deft and nuanced analysis of the various ways that property—as both a concept and a set of practices—has been formative to the production and maintenance of categories of racial governance in late modern and contemporary settler colonial societies. It makes significant contributions to social, political, and legal theory, as well as to Indigenous and settler colonial studies and is a necessary text for those with active research agendas or pedagogical interests in those fields. . . . Colonial Lives of Property offers an impressive, sweeping critical analysis of the property-race nexus in settler colonial contexts." -- Robert Nichols * Theory & Event *Table of ContentsAcknowledgments ix Introduction: Property, Law, and Race in the Colony 1 1. Use 33 2. Propertied Abstractions 77 3. Improvement 115 4. Status 149 Conclusion: Life beyond the Boundary 181 Notes 201 Bibliography 239 Index 257
£72.25
Wildy, Simmonds and Hill Publishing Public Rights of Way The Essential Law
Book SynopsisThis succinct, practical and up-to-date book is an introduction to the complex area of public rights of way. It is aimed at practitioners, lawyers and surveyors, who are not necessarily experts in this area of law, but who may have to deal with rights of way in conveyancing transactions, land management or planning matters.Table of ContentsPreface List of Abbreviations Basic Information Rights of the Public Creation of Rights of Way Purchaser Landowner, Tenant and Occupier Diversions and Extinguishments Highway Authority Surveying Authority The Planning Inspectorate Natural England: Diversions for Sites of Special Scientific Interest and Coastal Access Further Reading
£49.00
Urban Land Institute,U.S. Getting Density Right Tools for Creating Vibrant
Book SynopsisBased on expert forums of practitioners from the public and private sectors, this book describes tools used nationwide to better support compact development, including visioning, planning, and new regulations.
£48.60
Taylor & Francis Ltd Psychodynamic Psychotherapy Learning to Listen
Book SynopsisPsychodynamic Psychotherapy is the first book designed to teach therapists how to listen and intervene from multiple perspectives. Through study and analysis of session transcripts, the reader learns how to listen and formulate interpretations from four different perspectives: reflection, analysis of conflict, analysis of transference, and analysis of defense. Each listening approach is introduced with a brief chapter illustrating the rules of intervention followed by therapy transcripts, which the reader studies and analyzes. By studying the transcripts, answering the questions in the material, and comparing his answers with those provided by the author, the reader will learn how to reflect, analyze conflict, interpret the transference, and analyze the defenses. Beginning therapists can use this book to acquire listening and intervention skills. Advanced therapists will enjoy studying and comparing listening approaches from a meta-theoretical perspective. Psychodynamic PsychotTable of ContentsIntroduction: What Do We Do When We Listen? Theory or Reflection. Reflection Studies. Theory of the Analysis of Conflict. Conflict Studies. Theory of the Analysis of Transference. Transference Studies. Theory of Defense Analysis. Defense Analysis Studies. Studies in Flexibility of Listening. Harnessing Thinking and Intuition.
£40.84
Bath Publishing Ltd A Practical Guide to Planning Highways
Book SynopsisThe only book out there to draw together all the disparate law on highways in development projects Managing and providing highways and highway improvements looms large in many building projects but the law and rules regulating their part in the planning and development processes are complex and widespread. A Practical Guide to Planning, Highways and Development brings that law together in a single, invaluable volume. Tom Graham, a specialist planning and highway lawyer, explains all the knotty problems raised by highways so you can get authoritative guidance on such issues as: Essential highway law concepts, including ''ransom'' strips Dealing with highway matters in the planning process, including by conditions and planning agreements The impact of national policies, development plans and technical guidance on proposed developments The drafting, use and misuse of Section 38 Agreements and Section 278 Agreements Alongside this essential commentary, is an invaluable set of annotated sam
£45.00
Cambridge University Press Economic Analysis of Property Rights
Book SynopsisThis book is the first to lay out the detailed relationship between economic property rights, transaction costs, and information costs. It uses these concepts to develop a theory of economic property rights to explain why life is organized the way it is. Applications range from marriage and dueling to homesteading and ownership of wildlife.Trade Review'This new Third Edition of Economic Analysis of Property Rights carries one of the greatest classics of economics into the twenty-first century. Starting with unusually rigorous definitions of transaction costs, property rights, and resources, Barzel and Allen lay out a fruitful framework for analyzing institutions and employ it to generate a stunning array of insights into a wide variety of real-world situations. This book is essential reading for economists, legal scholars, policymakers, and anyone else who wants a fresh take on the way institutions work.' Henry E. Smith, Harvard Law School'As is fitting for a Third Edition of Economic Analysis of Property Rights by Yoram Barzel and Douglas W. Allen, there is a lot to learn in this new volume. The authors have been leaders in the New Institutional Economics. They examine property rights, transaction costs, information costs, organizations, and institutions. They describe how these arrangements coordinate and direct economic behavior and impact human welfare. Global economic performance depends more upon property rights and related structures of production than upon demographic, intellectual, and natural resource endowments. The topics addressed in this new edition are critical for understanding why.' Gary D. Libecap, University of California, Santa Barbara, and National Bureau of Economic ResearchTable of ContentsPart I. Conceptual Issues: 1. The Neoclassical Problem; 2. Economic Property Rights; 3 : Transaction Costs; 4. Information Costs; 5. The Theory of Economic Property Rights; Part II. Contracts, Organizations, and Institutions: 6. Exchange, Contracts, and Contract Choice; 7. Divided Ownership and Organization; 8. Institutions; Part III. Establishing Property Rights: 9. Capture in the Public Domain; 10. Forming Property Rights; 11. Benefits of the Public Domain; Part IV. Non Price Allocation and Other Issues: 12. Non-wage Labor Markets; 13. Property Rights in Non-Market Allocations; 14. Additional Property Rights Applications; 15. The Property Rights Model; Bibliography; Index.
£21.84
Taylor & Francis Ltd The Essential Guide to the Dubai Real Estate
Book SynopsisThis is the first book to fully present, analyse and interpret the Dubai real estate market. Dubai is fast becoming one of the world's most attractive places to invest in real estate and this book examines the market from three interlinked sectors that drive its performance: occupiers, investors and developers. It examines the market's historical growth and lays the foundations to examine future trends. The book provides a synopsis of Dubai's market practices, economic trends and social change that impacts the value of real estate. Chapters also debate issues such as property investment, house price performance, local valuation practices, spatial planning, the economics of the city, market practices and regulation, property-led economic growth and future trends such as sustainability and digitalization. This book offers a comprehensive, in-depth and up-to-date account of the Dubai property market and presents a full assessment of the investment potential of Dubai real estate. It is a mTable of ContentsPrefacePart A: Contextualising the Dubai real estate marketChapter 1: How did Dubai become a leading global real estate market?Chapter 2: Property market activityPart B: Analysing the Dubai property marketsChapter 3: ResidentialChapter 4: Building a global residential portfolio with Dubai real estateChapter 5: CommercialPart C: Professional practicesChapter 6: Sale, purchase and leasing practices in DubaiChapter 7: Managing a global commercial real estate portfolio in DubaiChapter 8: Property dataChapter 9: Property valuation, methods and techniquesChapter 10: Real estate development processes in DubaiPart D: Future directionsChapter 11: SustainabilityChapter 12: The future of Dubai as a Smart City
£41.79
Taylor & Francis Ltd Fire Safety Law
Book SynopsisFire Safety Law provides building-owners, managers, individual leaseholders, mortgage-lenders, landlords, and anyone involved in the purchase or sale of a flat situated within a multi-occupied block, with practical, yet comprehensive and well-researched information regarding the subject of fire safety and the associated responsibilities, obligations and rights.V. Charles Ward addresses in practical legal terms the responsibilities on building-owners to ensure that buildings are fire-safe for people who are living, working, or visiting those buildings and explains what protections are available to leaseholders faced with the costs of making their buildings fire-safe. The book begins with a summary of the lessons which have come from the Grenfell Inquiry, before providing a practical overview of current fire-safety legislation relating to residential and commercial buildings. This legislative overview will include not only the 2005 FirTable of Contents1. The Problem 2. The Grenfell Inquiry 3. The Fire Safety Order (FSO) 4. PAS 9980:2022 Fire Risk Appraisal of External Wall Construction and Cladding of Existing Blocks of Flats – Code of Practice 5. Fire-Safety and Leasehold Frameworks 6. The Defective Premises Act 1972 (DPA) 7. Fire Safety and The Building Regulations 2010 8. Building Warranties and Fire Safety 9. Government Assistance to Remove Defective Cladding 10. Buying a Flat in a High-Rise Block 11. The EWS1 Form 12. Private Landlord Responsibilities Relating to Fire-Safety
£36.09
Taylor & Francis Ltd Women and Family Property
Book SynopsisThis book examines property legislation and the actual position of women in receiving, holding and passing on family property as daughters, wives and as widows throughout history.Table of Contents1. IntroductionBeatrice Moring2. Property ownership: an indicator of French immigrant women’s empowerment process in California, 1880-1940Marie-Pierre Arizzabalaga3. Women, testamentary succession and property in Southern Spain in the 18th centuryRaquel Tovar Pulido4. Women, Family and Family Property in Preindustrial Urban Northern EuropeBeatrice Moring5. Authority over the whole estate - a study of applications to remain in undivided estate, Norway 1814-1851Hilde Sandvik6. Ante nuptial contracts, marriage and female agency in Cape Town 1924-1961Amy Rommelspacher7. Women and property in pre-unification Italy: a long-term overview of norms and practicesBeatrice Zucca Micheletto8. The Legacy Duty of 1796: windows into the wealth of widows and spinsters at death in the late 18th and the early 19th centuryLloyd Bonfield9. Property ownership by widows, a study of nineteenth century inheritance practices on the island of Sao Jorge (Azores archipelago) PortugalPaulo Teodoro de Matos and Ana Mafalda Lopes
£128.25
Cambridge University Press Moffats Trusts Law
Book SynopsisAlways the serious student''s choice for a Trusts Law textbook, the new seventh edition of Moffat''s Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.Table of ContentsPreface to the Seventh Edition; Acknowledgements; Table of Abbreviations; Useful Websites; Table of Statutes; Table of Statutory Instrument; Table of Cases; 1. Trusts Introduced; 2. The Evolution of the Private Express Trust; 3. Creating the Trust – I; 4. Creating the Trust – II; 5. Trusts and Public Policy; 6. Flexibility in Relation to Beneficial Entitlement; 7. An Introduction to Trustees and Trusteeship; 8. Aspects of the Management of Trusts; 9. Trusteeship, Control and Breach of Trust; 10. Implied Trusts and the Family Home; 11. Trusts in Commerce I: Commerce and Equitable Remedies; 12. Trusts in Commerce II: Commerce, Credit and the Trust; 13. Trusts in Commerce III: Fiduciary Relationships, Commerce and the Trust; 14. Trust, Contract and Unincorporated Associations; 15. An Introduction to the Law of Charity; 16. The Legal Definition of 'Charity'; 17. Trusts – an International Dimension; Index
£46.99
Cambridge University Press Property without Rights
Book SynopsisMajor land reform programs have reallocated property in more than one-third of the world''s countries in the last century and impacted over one billion people. But only rarely have these programs granted beneficiaries complete property rights. Why is this the case, and what are the consequences? This book draws on wide-ranging original data and charts new conceptual terrain to reveal the political origins of the property rights gap. It shows that land reform programs are most often implemented by authoritarian governments who deliberately withhold property rights from beneficiaries. In so doing, governments generate coercive leverage over rural populations and exert social control. This is politically advantageous to ruling governments but it has negative development consequences: it slows economic growth, productivity, and urbanization and it exacerbates inequality. The book also examines the conditions under which subsequent governments close property rights gaps, usually as a result of democratization or foreign pressure.Trade Review'Low productivity in agriculture condemns many countries and regions to poverty. This erudite book combines history and detailed data analysis to show that low productivity is often caused by a property rights gap, created by regimes trying to cultivate large masses of peasants dependent on them. The book explains where these missing property rights in land emerge, what they imply for inequality and poverty, and how they can be overcome. This is first-rate social science that should inform modern debates on development and policy.' Daron Acemoglu, Massachusetts Institute of Technology'In this landmark study, based on more than a decade of intrepid fieldwork and imaginative analysis of the most comprehensive dataset on rural property rights ever assembled, Michael Albertus systematically unravels the great puzzle of why so many states fail to provide secure property rights over land to their citizens. This pathbreaking book convincingly exposes the political motives that lead governments to open and maintain wide gaps in property rights, and that induce democracies to close them.' Larry Diamond, Stanford University'This outstanding book makes the case for understanding why governments distribute land but not secure property rights to rural dwellers. These property rights gaps are of great consequence throughout the developing world. Yet they are poorly understood. Whereas these gaps are often attributed to misguided policy or state weakness, Albertus makes a compelling case that they are rooted in political choices, often aimed at sustaining autocracy. This book is essential reading for anyone interested in the politics of rights and redistribution.' Steven Levitsky, Harvard University'Around the world millions of rural dwellers live in a state of limbo in which they receive property but few if any rights over that property. With a broad comparative perspective, this book offers a novel theory, in-depth case studies, and sophisticated empirical analyses about this important phenomenon. It is a must-read for those interested in development, political regimes, land reform and the politics of economic redistribution.' Beatriz Magaloni, Stanford University'… book's overall quality will likely make it an influential contribution to the literature of rural politics for many years. Highly recommended.' D. Newcomer, ChoiceTable of Contents1. Introduction; 2. Conceptualizing and Measuring the Property Rights Gap; 3. The Political Origins of the Property Rights Gap; 4. Evidence on the Rise and Fall of Property Rights Gaps in Latin America; 5. Consequences of the Property Rights Gap; 6. Opening and Closing a Property Rights Gap in Peru; 7. The Long-Term Consequences of Peru's Property Rights Gap; 8. Property Rights Gaps Around the World; 9. Conclusion.
£76.50
John Wiley & Sons Inc Property Law For Dummies
Book SynopsisThe easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools.Table of ContentsIntroduction 1 About This Book 1 Conventions Used in This Book 2 What You’re Not to Read 2 Foolish Assumptions 2 How This Book Is Organized 3 Part I: Introducing Property Law 3 Part II: Understanding Real Property Rights 3 Part III: Looking at Shared and Divided Property Ownership 4 Part IV: Acquiring and Transferring Property Rights 4 Part V: The Part of Tens 5 Icons Used in This Book 5 Where to Go from Here 6 Part I: Introducing Property Law 7 Chapter 1: Getting the Lowdown on Property Law 9 Defining Property 9 Viewing property as legal rights 10 Categorizing property as real or personal 11 Describing the Duration and Sharing of Ownership 12 Acquiring Original Property Rights 13 Transferring Property Rights to Another 14 Chapter 2: Defining Property in Legal Terms 15 Distinguishing between Real and Personal Property 15 The real world: Land and buildings 16 A personal touch: Everything else that can be owned 16 Describing a Property Owner’s Rights 17 Possessing property 17 Using property 18 Excluding others from your property 18 Transferring property 18 Limiting a Property Owner’s Rights 19 Declaring default common law rules 19 Modifying property rights by contract 19 Publicly regulating property 20 Exploring Remedies for Violations of Property Rights 20 Common law forms of action 21 Legal and equitable remedies 22 Chapter 3: Considering Property Ownership 23 Defining Title 23 Acquiring Title 24 The first owners: Identifying original government title 24 Patents: Conveying government land to individuals 25 Acquiring private land for the public 26 Conveying title to private land during life 27 Transferring property by will 27 To the heirs: Distributing property by intestate succession 28 Acquiring title by taking possession 30 Selling property by judicial order 30 Sharing and Dividing Property Ownership 31 Defining present and future estates 32 Understanding undivided concurrent ownership 33 Part II: Understanding Real Property Rights 35 Chapter 4: Identifying Common Law Rights in Real Property 37 Nuisance Law: Enjoying Property without Unreasonable Interference 38 Determining whether an activity is a nuisance 38 Substantially harming the landowner 40 Remedying nuisances 40 Altering How Surface Water Drains 41 The reasonable use rule: Altering drainage reasonably 41 The common enemy rule: Protecting your own land 42 The civil law rule: Paying for any harm you cause 42 Regulating Water Rights 43 Claiming water from watercourses 43 Drawing water from underground 45 Extracting Oil and Gas from Underground 46 The rule of capture: “Go and do likewise” 47 Modifying the rule of capture 47 Avoiding Landslides and Subsidence: Supporting Land 48 Laterally supporting adjacent land in its natural state 49 Laterally supporting nearby land and improvements to land 50 Supporting land from beneath 50 No Trespassing! Excluding Others from Land 51 Considering what constitutes a trespass 51 Remedying trespasses 53 Using Airspace 53 Defining boundaries in the air 54 Using and protecting airspace 54 Chapter 5: Adjusting Rights by Private Agreement: Covenants 55 Introducing Land-Related Covenants 55 Enforcing a Running Covenant at Law 56 Determining intent for a covenant to run 58 Deciding whether a covenant touches and concerns the relevant land 59 Establishing vertical privity 61 Satisfying the horizontal privity requirement 63 Enforcing a Covenant in Equity 64 Enforcing covenants without privity 64 Requiring notice of the covenant 65 Remedying a breach of a covenant in equity 66 Burdens for the Benefit of All: Enforcing Implied Reciprocal Covenants 67 Inferring covenants from a common development plan 67 Implying intent to run 69 Giving notice of implied covenant 70 Interpreting Covenants 71 Amending Covenants 72 Terminating Covenants 73 Invalidating covenants that restrain alienation 74 Terminating a covenant because of changed circumstances 74 Waiving a covenant 75 Abandoning a covenant 76 Refusing to enforce unreasonable covenants 77 Analyzing a Covenant Dispute 78 Chapter 6: Giving Others the Right to Use Your Land: Easements 79 Grasping the Basics of Easements 79 Distinguishing affirmative and negative easements 80 Describing profits 81 Telling easements apart from licenses 81 Knowing what’s an easement and what’s a covenant 82 Creating Easements 83 Looking at express easements 83 Avoiding the statute of frauds 84 Implying easements three ways 86 Over time: Acquiring easements by prescription 89 Interference and Trespasses: Determining the Scope of Easements 92 Prohibiting interference by the servient owner 92 Preventing use that benefits nondominant land 93 Changing the type or purpose of use 94 Increasing the burden on the servient land 94 Maintaining the easement 95 Transferring and Dividing Easements 96 Sticking to the land: Transferring appurtenant easements 96 Dividing appurtenant easements 97 Transferring easements in gross 97 Dividing easements in gross 98 Terminating Easements 99 Terminating easements by express release or agreement 99 Ending easements by merging dominant and servient estates 100 Abandoning easements 100 Terminating easements by estoppel 101 Extinguishing easements by adverse use 102 Chapter 7: Zeroing In on Zoning 103 Discovering Who Typically Regulates Land Use 103 Regulating the Big Three: Use, Height, and Bulk 104 Protecting Nonconformities from New Zoning Restrictions 105 Permitting Conditional Uses 106 Avoiding Unnecessary Hardship with Variances 107 Demonstrating inability to reasonably use the land as zoned 108 Explaining why unique conditions require a variance 108 Avoiding alteration of the essential character of the locality 109 Amending Zoning 109 Requiring consistency with a comprehensive plan 110 Invalidating spot zoning 111 Chapter 8: Recognizing the Limits of Public Regulation 113 Looking for the Local Power Source: State Enabling Statutes 113 Explaining Property Deprivations: Substantive Due Process 115 Identifying a deprivation of property 115 Deciding whether a regulation is rational 116 Considering whether a regulation advances a public purpose 117 Compensating for Property Taken for Public Use 119 Compensating for condemnations 120 Figuring out when a regulation is a taking 121 Remedying regulatory takings: Paying up 125 Treating Similarly Situated Owners the Same: Equal Protection 125 Looking for rational differences in treatment 126 Remedying equal protection violations 128 Respecting Free Speech Rights 128 Regulating the land use effects of speech 129 Regulating the content of speech 129 Part III: Looking at Shared and Divided Property Ownership 131 Chapter 9: Dividing Ownership over Time: Estates 133 Introducing the Concept of Present and Future Estates in Land 134 Creating and Distinguishing the Present Estates 134 Creating a fee simple: No expiration 135 Dealing with the fee tail: Direct descendants 135 Limiting a present estate to life 136 Making Present Estates Defeasible: Conditional Endings 136 Determinable estates 137 Estates on condition subsequent 137 Estates subject to an executory limitation 137 Identifying Future Estates 138 Reversionary interests 139 Nonreversionary interests: Creating future estates in others 140 Describing the present estate the future estate holder will own 141 Distinguishing contingent and vested remainders 143 Interpreting grants to heirs 144 Restricting Certain Future Estates via Common Law Rules 146 Destroying contingent remainders 146 Invalidating restraints on alienation 147 Limiting Nonreversionary Interests: The Rule against Perpetuities 148 Understanding the interests subject to the rule 149 Determining the moment of vesting 149 Considering lives in being 150 Modifying the rule by statute 153 Transferring Present and Future Estates 153 Governing the Relationship between Owners of Present and Future Estates 154 Taking a closer look at waste 155 Forcing the judicial sale of real property in fee simple absolute 156 Chapter 10: Sharing Property: Concurrent Ownership 159 Concurrent Ownership: Owning the Same Property at the Same Time 160 Getting Familiar with Tenancy in Common 160 Creating a tenancy in common 161 Understanding fractional shares 161 Transferring one’s interest 162 Taking a Closer Look at Joint Tenancy 162 Overcoming the presumption of tenancy in common: Creating a joint tenancy 163 Satisfying the four unities: Time, title, interest, and possession 163 Understanding the right of survivorship 164 Severing the joint tenancy 165 Examining Tenancy by the Entirety 167 Creating a tenancy by the entirety 167 Restricting transfers by tenants by the entirety 168 Till death do us part? Terminating a tenancy by the entirety 169 Governing the Relationship among Cotenants 169 Using the concurrently owned property 169 Paying expenses 170 Renting the property 172 Acquiring interests in the property 172 Avoiding waste 173 Breaking Up: Terminating Concurrent Ownership by Partition 174 Partitioning voluntarily: Deciding to split property or proceeds 174 Compelling partition 175 Court orders: Dividing the property physically or by sale 175 Fair shares: Accounting among cotenants 177 Restraining partition 178 Creating and Owning Condominiums 178 Creating a condominium 178 Owning individual units 179 Owning common areas 180 Managing common areas 180 Chapter 11: Owning Property in Marriage 181 Protecting the Surviving Spouse 182 Yours, Mine, and Ours: Community Property Systems 183 Distinguishing separate property from community property 183 Transferring and dividing property 184 Protecting Homesteads 185 Dividing Property upon Divorce 186 Classifying property to be distributed 187 Valuing property to be distributed 188 Distributing property 188 Chapter 12: Leasing Property: Landlord-Tenant Law 191 Distinguishing Leaseholds from Other Interests 191 Licensing versus leasing 192 Comparing easements and leases 193 Creating and Differentiating the Four Types of Tenancies 193 Fixed-term tenancy 194 Periodic tenancy 194 Tenancy at will 195 Tenancy at sufferance 195 Possessing the Leased Premises 195 Delivering possession to the tenant 196 Covenanting not to disturb the tenant’s quiet enjoyment 197 Maintaining the Leased Premises 198 Understanding common law duties 198 Contracting to maintain the premises 198 Taking a look at constructive eviction 199 Warranting habitability of the premises 200 Protecting third parties from injury 203 Transferring the Leasehold 205 Restraining the tenant’s right to transfer 205 Transferring all or part of the tenant’s estate 207 Holding transferring tenants liable for subsequent breaches of the lease 208 Terminating the Leasehold 209 Terminating pursuant to agreement 209 Abandoning the leased property 210 Terminating the leasehold in other ways 211 Holding over after termination of lease 212 Applying and refunding security deposits 213 Evicting the Tenant 213 Evicting by self-help 214 Evicting by summary procedure 215 Part IV: Acquiring and Transferring Property Rights 217 Chapter 13: Acquiring Rights by Finding and Possessing Personal Property 219 Taking a Closer Look at Possession 219 Resolving Claims among Competing Possessors 220 Intending to control 221 Determining whether someone interfered with possession 221 Getting possession by trespassing 221 Becoming an Owner by Possessing Unowned Property 222 Taking Possession of Owned Property 223 Protecting the owner’s rights 223 Describing bailments and the possessor’s duties to the owner 224 Examining the Possessor’s Ownership Rights against Third Parties 225 Resolving Conflicts between a Finder and the Landowner 226 Keeping mislaid property with the landowner 226 Possessing embedded property 228 Recovering treasure trove 228 Discouraging wrongdoing by the finder 229 Reforming the Common Law by Statute 230 Finding the owner 230 Rewarding the finder if the owner shows up 230 Awarding the property to the finder if the owner doesn’t claim it 230 Determining when the lost property statute applies 231 Escheating property to the state 231 Chapter 14: Becoming an Owner by Adverse Possession 233 Getting Acquainted with Adverse Possession 233 Clearing up ownership on the ground 233 Applying the statute of limitations to ejectment 234 Exploring the Elements of Adverse Possession 236 Element #1: Actually Possessing the Property 237 Defining actual possession 237 Determining the scope of possession 238 Possessing under color of title 239 Paying taxes 239 Element #2: Possessing Exclusively 239 Element #3: Possessing Openly and Notoriously 240 Element #4: Possessing Adversely 241 Possessing by right rather than permission 241 Using the property as an owner 242 Element #5: Possessing Continuously and without Interruption 243 Defining continuous possession 243 Interrupting possession 244 Element #6: Possessing for the Statutory Period 245 Determining the required period 245 Combining periods of possession 245 Understanding Title by Adverse Possession 246 Quieting adverse possession title 246 Identifying the interests affected 247 Chapter 15: Contracting to Sell Land 249 Creating an Enforceable Contract to Sell Real Property 250 Requiring a signed writing 250 Identifying essential elements of a writing 251 Amending or rescinding the purchase agreement 252 Making an exception when an oral agreement is partly performed 252 Specifying Deadlines for Performance 254 Remedying an immaterial breach of a deadline 254 Remedying a material breach of a deadline 255 Conditioning the Parties’ Obligations to Perform 257 Tendering the deed and purchase price 258 Requiring marketable title 258 Obtaining financing 263 Considering other conditions 264 Managing the Risk of Loss 265 Allocating risk by equitable conversion 266 Contracting about risks 267 Insuring against risks 267 Remedying Breaches of Contract 268 Calculating damages 269 Liquidating damages 269 Specifically performing the contract 270 Disclosing Latent, Material Facts 270 Implicitly Warranting Workmanship and Habitability 271 Chapter 16: Conveying Title by Deeds 273 Merging a Purchase Agreement with a Deed 273 Recognizing the Formal Requirements for a Deed 275 Identifying the parties 275 Identifying the land 275 Expressing intent to convey 279 Signing the deed 280 The Handoff: Delivering and Accepting a Deed 280 Performing acts intended to make a deed effective 280 Delivering by escrow 281 Delivering by escrow at death 283 Accepting delivery of a deed 283 Warranting Title in a Deed 283 Covering the various covenants 284 Distinguishing present and future covenants 286 Limiting or omitting warranties: Distinguishing types of deeds 289 Remedying breaches of title covenants 292 Chapter 17: Recording Title 295 Understanding Priority Disputes 295 Recording Documents 296 Identifying recordable documents 297 Complying with conditions for recording 298 Using Indexes to Find Recorded Documents 298 Distinguishing the Three Types of Recording Statutes 300 Determining Whether an Interest Is Recorded 301 Recording a document improperly 301 Being unable to find a recorded document 301 Paying Value for Property Interest 303 Taking Property Interest without Notice 305 Actual knowledge 305 Constructive notice 306 Inquiry notice 308 Protecting Subsequent Purchasers from Unlikely Claims 308 Curing defects by title curative acts 309 Eliminating specific old interests 309 Applying marketable title acts 310 Chapter 18: Mortgaging Real Property 311 Introducing Mortgages and Deeds of Trust 312 Possessing the Property before Foreclosure 312 Taking possession 313 Appointing a receiver 313 Selling Property in Foreclosure 315 Curing default or exercising equity of redemption 315 Extinguishing junior interests 317 Distributing the proceeds of a foreclosure sale 318 Recovering deficiency from borrower 320 Protecting Mortgagor by Statute 320 Anti-deficiency statutes 321 One-action statutes 322 Statutory rights of redemption 322 Transferring Mortgaged Property 324 Restricting transfer 324 Assuming mortgage debt 325 Enforcing a mortgage against the transferor 325 Transferring Mortgage 326 Part V: The Part of Tens 327 Chapter 19: Ten Notable Property Cases 329 Spur Industries, Inc V Del E Webb Development Co 329 Tulk V Moxhay 330 Sanborn V Mclean 331 Village of Euclid V Ambler Realty Co 332 Penn Central Transportation Co V City of New York 333 Lucas V South Carolina Coastal Council 334 Javins V First National Realty Corp 335 Armory V Delamirie 336 Pierson V Post 337 Stambovsky V Ackley 338 Chapter 20: Ten Common Mistakes in Applying Property Law 339 Misapplying the Rule against Perpetuities 339 Mislabeling Present and Future Estates 340 Misunderstanding Hostility 341 Considering the Intent to Create a Covenant Rather than Intent to Run 342 Considering Only Notice of a Covenant’s Burden 343 Applying Estoppel or Part Performance without Evidence of an Agreement 343 Deciding a Joint Tenancy Exists without the Four Unities and Express Intent 344 Applying the Equitable Conversion Doctrine Where It Doesn’t Apply 344 Failing to Identify the Landlord’s Wrongful Act in a Constructive Eviction 345 Applying Purchase Agreements after Closing and Deeds before Closing 346 Chapter 21: Ten Property Subjects Commonly Tested in Bar Exams 347 Purchase Agreements 348 Mortgages 348 Deeds 348 Recording Acts 348 Landlord-Tenant Law 349 Estates 349 Concurrent Ownership 349 Covenants 349 Easements 350 Adverse Possession 350 Index 351
£17.59
Bloomsbury Publishing (UK) Researching Property Law
Book SynopsisSusan Bright is Professor of Land Law at the University of Oxford, UK. She teaches land law, regulation and housing, and her research combines doctrinal, socio-legal and empirical approaches. Sarah Blandy is Professor of Law at the University of Sheffield, UK. She teaches property law at undergraduate and postgraduate levels and has written extensively on housing and property law from a socio-legal perspective.
£35.69
Taylor & Francis Ltd The Electronic Communications Code and Property
Book SynopsisLife now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landownTable of ContentsIIntroductionIntroductionLegislative historyThe Electronic Communications Code 2003: an overviewThe European dimensionIIElectronic Communications Code 2003 (the Old Code)Old Code: general and special regime overviewOperators under the Old CodeOld Code general regimeOld Code general regime: financial provisionsOld Code special regimesAlteration and removal of apparatus under paragraph 20Removal of apparatus under paragraph 21Abandonment of apparatusOld Code sundry mattersIIIElectronic Communications Code 2017 (the New Code)The Electronic Communications Code and property law: key conceptsWhat are code rights?Who may confer code rights? To whom may code rights be granted? Over what may code rights be granted?The agreement conferring code rightsAssignment, upgrading and sharing apparatus Imposition of code agreements Termination of code agreements Modification of code agreements Rights to require removal The New Code and the 1954 ActTransport land rights Street works, tidal water rights and undertaker’s works Overhead apparatus Trees and vegetationConsideration and compensation under the New Code IVMatters common to both codesTransitional provisions Notices under the codesDispute resolution procedure under the codesCode avoidanceElectronic communications and planningCompulsory purchase and entry for exploratory purposesTelecommunications and non-domestic ratesLand registrationElectronic communications and competition lawThe position in ScotlandThe role of OFCOMVDraftingDrafting considerations for code agreementsVIThe New Code – Annotated VIIAppendicesA Extracts from the Telecommunications Act 1984 and the Communications Act 2003B2017 Code and extracts from the Digital Economy Act 2017CStatutory Instruments DOFCOM Code of Practice EOFCOM Template NoticesFOFCOM Standard Terms
£209.00
Pearson Education Property Law Cases and Materials
Book SynopsisRoger J. Smith is Fellow and Tutor at Magdalen College, Oxford. He is also the author of a textbook, Property Law, and a shorter text on the subject, Introduction to Land Law, both published by Pearson. Table of ContentsPreface xiv Acknowledgements xv Table of cases xxii Table of statutes xlix Table of statutory instruments lxii Part I Introductory matters 1 Chapter 1 Basic property principles 3 Chapter 2 Human rights 25 Chapter 3 Property interests 42 Part II General principles: how property interests arise and purchasers 61 Chapter 4 Original acquisition of property interests 63 Chapter 5 The transfer and creation of property interests 113 Chapter 6 Formalities: rationale and trusts 170 Chapter 7 Formalities: estoppel 183 Chapter 8 The family home 228 Chapter 9 Purchasers: general principles and land charges 281 Chapter 10 Purchasers: registration of title 301 Part III Rights to enjoy land: estates and commonhold 365 Chapter 11 Concurrent ownership: joint tenancy and tenancy in common 367 Chapter 12 Trusts of land 391 Chapter 13 Successive interests 452 Chapter 14 Leases: requirements and types 460 Chapter 15 Leases: obligations and remedies 510 Chapter 16 Leases: parties and the running of covenants 567 Chapter 17 Commonhold 605 Part IV Other interests in land 617 Chapter 18 Licences 619 Chapter 19 Easements and profits 642 Chapter 20 Covenants 701 Chapter 21 Mortgages 735 Index 802
£60.99
Pearson Education Property Law
Book SynopsisRoger J. Smith taught law at Magdalen College, Oxford, for many years. Table of Contents Acknowledgement Table of cases Table of statutes Table of statutory instruments Part I Introducing property law Chapter 1 Basic property principles Chapter 2 The central concerns of property law Chapter 3 Human rights Chapter 4 Trusts and equitable interests Chapter 5 Property interests Chapter 6 The role of legislation and registration for land interests Part II General principles: creation and transfer of property interests Chapter 7 Original acquisition of property interests Chapter 8 The transfer and creation of property interests Chapter 9 Formalities: rationale and trusts Chapter 10 Formalities: estoppel Chapter 11 The family home Chapter 12 Purchasers: general principles and the need for registration Chapter 13 Purchasers: registration of title Part III Rights to enjoy land: estates and commonhold Chapter 14 Successive and concurrent interests: introduction Chapter 15 Joint tenancy and tenancy in common Chapter 16 Trusts of land Chapter 17 Successive interests Chapter 18 Leases: types and requirements Chapter 19 Leases: obligations and remedies Chapter 20 Leases: parties and the running of covenants Chapter 21 Commonhold Part IV Other interests in land Chapter 22 Licences Chapter 23 Easements and profits Chapter 24 Covenants Chapter 25 Mortgages Index
£47.99
Pearson Education Law Express Land Law
Book Synopsis
£17.56
Red Globe Press Core Statutes on Property Law 202021 Macmillan
Book SynopsisPreface.- Prescription Act 1832.- Wills Act 1837.- Wills (Soldiers and Sailors) Act 1918.- Law of Property Act 1922.- Trustee Act 1925.- Law of Property Act 1925.- Land Registration Act 1925.- Administration of Estates Act 1925.- Landlord and Tenant Act 1927.- Leasehold Property (Repairs) Act 1938.- Intestates' Estates Act 1952.- Landlord and Tenant Act 1954.- Variation of Trusts Act 1958.- Perpetuities and Accumulations Act 1964.- Law of Property (Joint Tenants) Act 1964.- Wills Act 1968.- Law of Property Act 1969.- Administration of Justice Act 1970.- Matrimonial Proceedings and Property Act 1970.- Powers of Attorney Act 1971.- Land Charges Act 1972.- Administration of Justice Act 1973.- Matrimonial Causes Act 1973.- Inheritance (Provision for Family and Dependants) Act 1975.- Protection from Eviction Act 1977.- Criminal Law Act 1977.- Limitation Act 1980.- Senior Courts Act 1981.- Forfeiture Act 1982.- Administration of Justice Act 1982.- Landlord and Tenant Act 1985.- Ins
£10.39
Edinburgh University Press Succession Law Essentials
Book Synopsis
£21.75
Edinburgh University Press Avizandum Statutes on Scots Property Trusts and
Book SynopsisAvizandum Statutes on Scots Property, Trusts and Succession Law contain the main statutory provisions relating to both heritable and moveable property, as well as to trusts and succession law, in Scotland
£37.96
NOLO Selling Your House
Book Synopsis
£22.94
NOLO Neighbor Law
Book Synopsis
£23.99
£18.58
State University of New York Press Property Rights in Contemporary Governance
Book Synopsis
£22.96
Read Books The Brehon Laws A Legal Handbook
£15.00
Wolters Kluwer Property
Book Synopsis
£205.20
Aspen Publishers Casenote Legal Briefs for Property Keyed to
Book Synopsis
£53.20
Aspen Publishers Cases and Text on Property
Book Synopsis
£266.14
Aspen Publishers Casenote Legal Briefs for Property Keyed to
Book Synopsis
£52.20
McFarland & Co Inc Western Water Rights and the U.S. Supreme Court
Book Synopsis Exploring the little-known history behind the legal doctrine of prior appropriation--first in time is first in right--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state''s favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, caseTable of ContentsPrologue: Of Water, Men and the LawPart I. The Times 1. The Nation Moves West (1830–1880) 2. Herbert Spencer and Social Darwinism (1859–1938) 3. Economic Fortunes and Misfortunes (1860–1875) 4. The Prior Appropriation Doctrine (1840s–Present) 5. Equitable Apportionment (1902–Present) 6. Interstate Compacts (1922–Present)Part II. The ManWillis the Lawyer (1812–1894) 7. Young Willis Van Devanter 8. Cincinnatus (1833–1885) 9. Watching the Court (1870s, 1880s)10. Willis Goes West (1883)11. The Warren Machine (1884–1890)12. Willis and the "Johnson County War" (1890–1892)13. Banditti of the Plains (1893–1896)Willis the Politician/Bureaucrat14. Willis' Wyoming Politics Go National (1892–1896)15. Cleveland's Second Chance, Senator Warren and the McKinley Administration (1895–1897)16. Assistant Attorney General Van Devanter (1897–1903)Willis the Judge17. Van Devanter's Eighth Circuit Decisions (1903–1911)18. Reasonable Rail Rates, the Sherman Act (1890–1911)19. The Supreme Court Turns White (1908–1911)20. The Sherman Act at the Supreme Court21. "Good Fellows" Willis and William (1921–1922)Part III. The Laramie River Litigation22. Wyoming v. Colorado (1903–1913)23. Who Controls the Water? (1902–1917)24. Development Under the Reclamation Act and Return to Court (1905–1922)25. Judicial Harmony (1922)26. Natural Resource or Interstate Commerce? (1921–1923)27. Van Devanter's Surreptitious Composition of the Opinion and Decree (1922)28. Wyoming v. Colorado, Final Opinion Published (1922)29. Where Was the Balance of the Court on June 5, 1922? (1922)30. The Decree and Holding of Wyoming v. ColoradoPart IV. Implications for Water Law31. What of the Merits of Wyoming v. Colorado?32. What of the Effect of the Decision in Wyoming v. Colorado?33. The Case for RecusalPart V. Willis Van Devanter's Justice34. Van Devanter's Indian Cases (1897–1921)35. Van Devanter's Income Tax Cases (1920–1925)36. The Four Horsemen37. The Measure of a Justice38. FinisEpilogue: That Was Then, This Is NowChapter NotesBibliographyIndex
£32.39
New York University Press The Psychology of Property Law
Book SynopsisConsiders 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 Trade ReviewA deep dive into the way ownership and the law's response to it intersects with human psychology across a range of important contexts. Meticulously researched and conceptually nuanced, this book is an indispensable resource that expertly connects theory and evidence on the psychology of property entitlements with the law and policy surrounding possession, home ownership, takings law, discrimination, redistribution, and more. -- Lee Anne Fennel, Author of The Unbounded Home: Property Values Beyond Property Lines, Max Pam Professor of Law, University of Chicago Law SchoolAn enormous contribution to the fields of property law, law and psychology, and even law more generally.... It has the potential to cause a radical rethinking of property law and policy and thereby to shape the law's effect on countless people's lives. -- John Bronsteen, Georgia Reithal Professor of Law, Loyola University Chicago School of LawSeeks to answer certain open questions of property law with psychological evidence and arguments.... It will be enormously useful for anyone interested in the nexus of these two fields. -- Dave Fagundes, University of Houston Law CenterHow the field of psychology can explain, strengthen, or reform the notion of property is the subject of this book. Across eight chapters the authors look at how property ownership is related to theories of human personality and how the law treats different types of property, for example residential property, as more important than other types. * CHOICE *
£84.15
New York University Press The Psychology of Property Law
Book SynopsisConsiders 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 Trade ReviewA deep dive into the way ownership and the law's response to it intersects with human psychology across a range of important contexts. Meticulously researched and conceptually nuanced, this book is an indispensable resource that expertly connects theory and evidence on the psychology of property entitlements with the law and policy surrounding possession, home ownership, takings law, discrimination, redistribution, and more. -- Lee Anne Fennel, Author of The Unbounded Home: Property Values Beyond Property Lines, Max Pam Professor of Law, University of Chicago Law SchoolAn enormous contribution to the fields of property law, law and psychology, and even law more generally.... It has the potential to cause a radical rethinking of property law and policy and thereby to shape the law's effect on countless people's lives. -- John Bronsteen, Georgia Reithal Professor of Law, Loyola University Chicago School of LawSeeks to answer certain open questions of property law with psychological evidence and arguments.... It will be enormously useful for anyone interested in the nexus of these two fields. -- Dave Fagundes, University of Houston Law CenterHow the field of psychology can explain, strengthen, or reform the notion of property is the subject of this book. Across eight chapters the authors look at how property ownership is related to theories of human personality and how the law treats different types of property, for example residential property, as more important than other types. * CHOICE *
£28.80
Cornell University Press Lakefront
Book SynopsisHow did Chicago, a city known for commerce, come to have such a splendid public waterfrontits most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront''s evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago''s history but also the law''s part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become tTrade ReviewKearney and Merrill cogently present all of the complexities, including key doctrinal debates about whether the state owned submerged lands over tidal waters or navigable-in-fact waters. The text is lively, with the authors recounting behind-the-scenes activities in the legislature and incorporating newspaper accounts. * Natural Resources & Environment *This highly readable text offers a fascinating story of what happened in courts of law, lawyers' offices, legislative and other official bodies, and offices of major corporations—as well as through the actions of public-spirited citizens—to produce and preserve this wonderful amenity. Lucid prose nearly void of legalese, adequate illustrations, and abundant footnotes ensure a general popularity for this excellent book. * Choice *Table of ContentsIntroduction 1. The Lake Front Steal 2. The Lake Front Case 3. The Watchdog of the Lakefront 4. The Struggle for Streeterville 5. Reversing the Chicago River 6. North Lake Shore Drive 7. South Lake Shore Drive and Bridging the River 8. The Transformation of the Public Trust Doctrine 9. The Lakefront Today Conclusion
£25.19
Cornell University Press Lakefront
Book SynopsisHow did Chicago, a city known for commerce, come to have such a splendid public waterfrontits most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront''s evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago''s history but also the law''s part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become tTrade ReviewKearney and Merrill cogently present all of the complexities, including key doctrinal debates about whether the state owned submerged lands over tidal waters or navigable-in-fact waters. The text is lively, with the authors recounting behind-the-scenes activities in the legislature and incorporating newspaper accounts. * Natural Resources & Environment *This highly readable text offers a fascinating story of what happened in courts of law, lawyers' offices, legislative and other official bodies, and offices of major corporations—as well as through the actions of public-spirited citizens—to produce and preserve this wonderful amenity. Lucid prose nearly void of legalese, adequate illustrations, and abundant footnotes ensure a general popularity for this excellent book. * Choice *Table of ContentsIntroduction 1. The Lake Front Steal 2. The Lake Front Case 3. The Watchdog of the Lakefront 4. The Struggle for Streeterville 5. Reversing the Chicago River 6. North Lake Shore Drive 7. South Lake Shore Drive and Bridging the River 8. The Transformation of the Public Trust Doctrine 9. The Lakefront Today Conclusion
£17.99
Bloomsbury Publishing PLC Modern Studies in Property Law, Volume 10
This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute’s Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.
£150.00
Bloomsbury Publishing PLC Modern Studies in Property Law, Volume 11
Book SynopsisWhat are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by ‘property law’ in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is ‘modern’. This collection looks at 5 themes: - Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective; - Taking and alienating property, including a chapter on bankruptcy and the family home; - Modern dilemmas, including chapters on trusts in virtual currency and on smart homes; - Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and - Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity. Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.Table of ContentsPART I COMPARATIVE PERSPECTIVES 1. Is the Grass Always Greener? Understanding Grazing and Cropping Rights in Northern Ireland Bróna McNeill, at Queen’s University Belfast, UK 2. Caveat Emptor or Caveat Venditor? Stigmatised Properties and Obligations of Disclosure Christopher Pearce, University of New South Wales, Australia 3. Anomalies of English Trust Law: A Comparative Study Rafael Ibarra Garza, Universidad de Monterrey, Mexico 4. Between Concepts and Policy: The Constructive Trust between Vendor and Purchaser in a Mixed Legal Tradition Pablo Lerner, Zefat Academic College, Israel PART II TAKING AND ALIENATING PROPERTY 5. Property, Equality and the Freedom to Discriminate: The Case of the Discriminatory Gift Jonas-Sébastien Beaudry, McGill University, Canada, and Aruna Nair, University of Oxford, UK 6. Bankruptcy and the Family Home: The Case for Imputing Insolvency Irregularities and a Presumption of Creditor Interests John Tribe, University of Liverpool, UK 7. Justifying Security of Tenure: The Parameters of the Landlord and Tenant Relationship Emma Lees, University of Cambridge, UK PART III MODERN DILEMMAS 8. Trusts in Virtual Currency Joshua Teng, High Court of Malaya, Malaysia 9. Smart Homes Sean Thomas, University of York, UK PART IV OLD CHESTNUTS: NEW CHALLENGES 10. Mortgage Law Reform in Scotland: Fifty Years Apart Andrew Steven, University of Edinburgh, UK 11. Easements, the Ouster Principle and Coherence Across the Common Law World Ben France-Hudson, University of Otago, New Zealand 12. Mapping Bad Charity John Picton, University of Liverpool, UK PART V WILLS, DEATH AND OTHER MORBID TOPICS 13. A Validating Power for English Succession Law Richard Hedlund, University of Lincoln, UK 14. The Role of Knowledge and Approval in Retrospective Assessments of Capacity Juliet Brook, University of Portsmouth, UK
£123.50
Bloomsbury Publishing PLC Core Statutes on Property Law 2022-23
Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsPreface Prescription Act 1832 Wills Act 1837 Wills (Soldiers and Sailors) Act 1918 Law of Property Act 1922 Trustee Act 1925 Law of Property Act 1925 Land Registration Act 1925 Landlord and Tenant Act 1927 Leasehold Property (Repairs) Act 1938 Variation of Trusts Act 1958 Law of Property (Joint Tenants) Act 1964 Wills Act 1968 Law of Property Act 1969 Administration of Justice Act 1970 Matrimonial Proceedings and Property Act 1970 Land Charges Act 1972 Administration of Justice Act 1973 Inheritance (Provision for Family and Dependants) Act 1975 Protection from Eviction Act 1977 Criminal Law Act 1977 Limitation Act 1980 Senior Courts Act 1981 Forfeiture Act 1982 Administration of Justice Act 1982 Landlord and Tenant Act 1985 Insolvency Act 1986 Landlord and Tenant Act 1988 Law of Property (Miscellaneous Provisions) Act 1989 Access to Neighbouring Land Act 1992 Landlord and Tenant (Covenants) Act 1995 Treasure Act 1996 Family Law Act 1996 Trusts of Land and Appointment of Trustees Act 1996 Human Rights Act 1998 Trustee Delegation Act 1999 Contracts (Rights of Third Parties) Act 1999 Trustee Act 2000 Land Registration Act 2002 Commonhold and Leasehold Reform Act 2002 Civil Partnership Act 2004 Tribunals, Courts and Enforcement Act 2007 Perpetuities and Accumulations Act 2009 Equality Act 2010 Mortgage Repossessions (Protection of Tenants etc.) Act 2010 Charities Act 2011 Legal Aid, Sentencing and Punishment of Offenders Act 2012 Index
£13.29
Bloomsbury Publishing PLC Politics, Policy and Private Law: Volume I: Tort, Property and Equity
Book SynopsisThis is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
£85.50
Bloomsbury Publishing PLC Modern Studies in Property Law, Volume 12
Book SynopsisThis edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students. It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader.Table of ContentsPreface List of Contributors Table of Cases Table of Legislation Part I: Boundaries of Property 1. A ‘bit’ Too Much? The Common Law’s Digital Dilemma, Sarah Green (Law Commission of England and Wales, UK) 2. Digital Assets as Property and the Challenges of Forced Judicial Activism, Andrew Ray (ANU College of Law, Australia), Damian Clifford (ANU College of Law, Australia) and Heather Roberts (ANU College of Law, Australia) 3. Treehold, William Swadling (University of Oxford, UK) Part II: Morality of Property 4. Against Conventionalism, Jeremy Waldron (New York University, USA) 5. Expanding the Categories of Negative Easements – Time for Change? Susan Pascoe (Middlesex University, UK) 6. ‘More in Hope than in Expectation’: The Legal Limits of Disinheriting Adult Children, Heather Conway (Queen’s University Belfast, UK) Part III: Leases and Co-Housing 7. Leases and the Nature of Co-ownership, Natalie Mrockova (University of Oxford, UK) and Luke Rostill (University of Oxford, UK) 8. Legal Structures and Restrictions on Alienation in Cohousing: A Comparative Analysis of English and French Law, Fabiana Bettini (University College London, UK) 9. Can a Consumerist Model of Law Reform Solve the Problems of Leasehold Tenure? Helen Carr (University of Southampton, UK), Caroline Hunter (University of York, UK), Carl Makin (University of York, UK) and Gwilym Owen (University of Bangor, UK) Part IV: Property and Equity 10. Proprietary Estoppel: Great Expectations and Detrimental Reliance, Lord Sales JSC (Justice, Supreme Court of the United Kingdom) 11. The Essential Similarity of Express Trusts in England, Japan and Quebec, Joyman Lee (University of Glasgow, UK) 12. Elucidating Equity in Pallant v Morgan, Joshua Teng (High Court of Malaya, Malaysia) 13. Subrogation, Marshalling, and Property, Rory Gregson (University of Cambridge, UK)
£114.00
Bloomsbury Publishing PLC The History of the Technology and Construction
Book SynopsisThis collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact. The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration and adjudication. Different essays consider the role of the TCC in procedural reform and the digital transformation of dispute resolution, building safety, and how it has impacted on doctrinal English law. The book also explores the lives and impact of notable Official Referees and TCC judges from the senior judiciary’s perspective, with contributions by Lord Dyson on the transition from the Official Referees to the TCC, Sir Rupert Jackson on the Housing Grants, Construction and Regeneration Act 1996, Dame Finola O’Farrell on the TCC today, Sir Peter Coulson on Sir Brett Cloutman QC (a Senior Referee who was awarded a Victoria Cross) and Her Honour Frances Kirkham on the court’s role in the regions. The creation of a specialist dispute resolution forum for complicated engineering, construction and technological disputes is a foundational milestone in the legal history of construction law in England and Wales. This collection offers a unique insight from the judiciary, practising lawyers and academics into the significance and development of the court.Trade ReviewThis is an excellent book to mark the development and accomplishments of what is now the world’s leading court for construction and engineering cases … The History of the Technology and Construction Court on its 150th Anniversary provides us with an admirable insight into the past, and an invigorating reflection on the present TCC. It helps us to take stock of where we are, and how we got here. -- Julian Bailey * The Conveyancer and Property Lawyer *Table of ContentsIntroduction, Sir Peter Coulson (Lord Justice of Appeal, UK) and David Sawtell (39 Essex Chambers, UK) 1. The Antecedents to the Official Referees, Elizabeth Norton (the Royal Historical Society, UK) 2. The Early History of the Official Referees from 1873 to 1960, Dr Laura Lintott (University of Cambridge, UK) 3. Rudimentary Prototypes in Case Management Techniques (1919–49), Michael Reynolds (London School of Economics, UK) 4. Sir Brett Cloutman: The Last VC of the Great War, Sir Peter Coulson (Lord Justice of Appeal, UK) 5. The Later Official Referees and Judges of the Technology and Construction Court, Sir Peter Coulson (Lord Justice of Appeal, UK) with David Sawtell (39 Essex Chambers, UK) 6. The Birth of the Technology and Construction Court, Lord Dyson (High Court Judge, UK) 7. The TCC and the Housing Grants, Construction and Regeneration Act 1996, Sir Rupert Jackson (High Court Judge, UK), Nicholas Higgs (39 Essex Chambers, UK) and Hannah Fry (39 Essex Chambers, UK) 8. The TCC Today, Dame Finola O’Farrell (High Court Judge, UK) 9. The TCC in the Regions, Her Honour Frances Kirkham (Qatar International Court and Dispute Resolution Centre, UK), His Honour Judge Stephen Davies (Technology and Construction Court, UK) and Michael Levenstein (Gary’s Inn, UK) 10. Construction Law, the Arbitration Act 1996 and Beyond: The Contribution of the Technology and Construction Court to Arbitration, Renato Nazzini (King’s College London, UK) and Aleksander Kalisz (King’s College London, UK) 11. The TCC and Developments in Technology and Innovation, Stacy Sinclair (Fenwick Elliott LLP, UK) and Simon Tolson (Fenwick Elliott LLP, UK) 12. Fire at the Palace: 150 Years of Fire Safety in Buildings, Rachel Ansell KC (4 Pump Court, UK) and Douglas Maxwell (Henderson Chambers, UK) 13. The Contribution of the Official Referees’ Court and the TCC to the English Common Law, David Sawtell (39 Essex Chambers, UK) 14. Energy and the Environment: Future Litigation in the TCC, Juan Lopez (39 Essex Chambers, UK) Appendix: Official Referees and Judges of the Technology and Construction Court 1876–2004, Elizabeth Norton (the Royal Historical Society, UK); with Sir Francis Newbolt KC by Michael Reynolds (London School of Economics, UK)
£95.00
Bloomsbury Publishing PLC The Parthenon Marbles Dispute: Heritage, Law,
Book SynopsisWhy are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin’s men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin. The book sets out a way forward for this famously intractable dispute, one based on evidence of past practice, legal rules around the transfer of cultural objects and the role of museums in negotiating international exchanges.Trade ReviewEssential reading for those interested in the dispute, and indeed in the wider debate around repatriation of cultural objects. -- James Morton * The Times *[An] even-handed and refreshing approach to this immensely complex dispute … An important contribution has been made to identify areas of compromise that might help resolve this long-running dispute. * Returning Heritage *Alexander Herman has written a lucid and engaging guide to the world’s longest-standing cultural dispute. Like so many of us, he hopes for its resolution, and is scrupulously fair and even-handed in explaining how this might happen. * Barnaby Phillips, author of 'Loot: Britain and the Benin Bronzes' *Anyone with an interest in world history and cultural heritage will learn a lot from reading this careful study of the world's toughest argument over art and restitution. Its approach is both rigorous and empathetic, an impressive combination. * Bruce Clark, Economist writer on history, culture and ideas, Author of 'Athens: City of Wisdom' *It is a remarkable achievement to write with such balance and authority on so fraught a question, even more impressive when so many believe they have an answer; from now on no-one should venture an opinion without reading this gripping and important analysis. * Sir Alan Moses, former Lord Justice of Appeal and co-chair of the UK's Spoliation Advisory Panel *Table of ContentsIntroduction: A Matter Yet Unresolved 1. From the Slopes of Mount Pentelikos 2. A Story with Neither Hero Nor Villain 3. A Firman by Any Other Name 4. Albion's Verdict 5. The History of a Claim 6. The (un)titled Masterpiece 7. Wellington and International Law 8. The View from Athens 9. Inside the British Museum 10. Resolving the Dispute
£18.99
Bloomsbury Publishing PLC The Parthenon Marbles Dispute: Heritage, Law,
Book SynopsisWhy are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin’s men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin. The book sets out a way forward for this famously intractable dispute, one based on evidence of past practice, legal rules around the transfer of cultural objects and the role of museums in negotiating international exchanges.Trade ReviewEssential reading for those interested in the dispute, and indeed in the wider debate around repatriation of cultural objects. -- James Morton * The Times *[An] even-handed and refreshing approach to this immensely complex dispute … An important contribution has been made to identify areas of compromise that might help resolve this long-running dispute. * Returning Heritage *Alexander Herman has written a lucid and engaging guide to the world’s longest-standing cultural dispute. Like so many of us, he hopes for its resolution, and is scrupulously fair and even-handed in explaining how this might happen. * Barnaby Phillips, author of 'Loot: Britain and the Benin Bronzes' *Anyone with an interest in world history and cultural heritage will learn a lot from reading this careful study of the world's toughest argument over art and restitution. Its approach is both rigorous and empathetic, an impressive combination. * Bruce Clark, Economist writer on history, culture and ideas, Author of 'Athens: City of Wisdom' *It is a remarkable achievement to write with such balance and authority on so fraught a question, even more impressive when so many believe they have an answer; from now on no-one should venture an opinion without reading this gripping and important analysis. * Sir Alan Moses, former Lord Justice of Appeal and co-chair of the UK's Spoliation Advisory Panel *Table of ContentsIntroduction: A Matter Still Unresolved 1. From the Slopes of Mount Pentelikos 2. A Story with Neither Hero Nor Villain 3. A Firman by Any Other Name 4. Albion's Verdict 5. The History of a Claim 6. The (un)titled Masterpiece 7. Wellington and International Law 8. The View from Athens 9. Inside the British Museum 10. Resolving the Dispute
£61.75
