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Author: C.F. Black Publisher: Routledge ISBN: 1136919732 Category : Law Languages : en Pages : 368
Book Description
The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.
Author: C.F. Black Publisher: Routledge ISBN: 1136919732 Category : Law Languages : en Pages : 368
Book Description
The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.
Author: Ben McFarlane Publisher: Oxford University Press, USA ISBN: 0199693595 Category : History Languages : en Pages : 1250
Book Description
An authoritative course text designed to provide a standalone resource for students. It contains a blend of carefully selected key cases, legislation and academic debate linked by substantial author commentary.
Author: Joseph William Singer Publisher: Aspen Publishing ISBN: 1454888148 Category : Law Languages : en Pages : 1887
Book Description
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks This hugely successful cases-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its clear descriptions of legal doctrine and its variations; its explanations of the social ramifications of property law; its emphasis on both statutory and regulatory interpretation; its comprehensive treatment of public accommodations and fair housing law, current tribal property issues, and property in human bodies; and its use of the problem method to teach legal reasoning andlawyeringskills. Thoroughly updated to reflect significant changes in the law of property, the Seventh Edition incorporates multiple new Supreme Court cases, including:Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.,Obergefellv. Hodges, andReed v. Town of Gilbert, and 3 decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture,Marvin M. Brandt Revocable Trust v. United States, andMurrv. State. Key Features: Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes. These include multiple new Supreme Court cases: Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015), upholding disparate impact claims under the Fair Housing Act; Obergefellv. Hodges, 123 S. Ct. 2584 (2015), finding a constitutional right to same-sex marriage; Reed v. Town of Gilbert,135 S. Ct. 2218 (2015), broadly applying the First Amendment’s free speech clause to sign regulations; and three decided or pending cases with implications for regulatory takings,Horne v.Dep’tof Agriculture, 135 S. Ct. 2419 (2015),Marvin M. Brandt Revocable Trust v. United States, 134 S. Ct. 1257 (2014), andMurrv. State, 359Wis.2d675 (Wis. Ct. App. 2014), cert. granted sub nom.Murrv. Wisconsin, 136 S.Ct. 890 (2016). New materials and problems have been included in several areas: Collisions between the sharing economy and servitude, zoning, and landlord-tenant law; Questions of the inheritance rights of children born through assisted reproductive technology; Continuing litigation over the Rails-to-Trails Act conversion of abandoned railroad tracks into recreational trails Invalidation of the copyright on the Happy Birthday song; Commonwealth v.Magadini, 52 N.E.3d 1041 (Mass. 2016), upholding a necessity defense to a trespass charge against a homeless man; and The Revised Uniform Residential Landlord and Tenant Act, adopted in 2015.
Author: Joseph William Singer Publisher: ISBN: 9780735588608 Category : Property Languages : en Pages : 0
Book Description
Outstanding features of Property Law: Rules, Policies, and Practices, written by Professor Joseph William Singer, a highly regarded authority in the field, include:well-written notes with clear explanations of the law so students can learn complicated rules easilystrong coverage of civil rights law (fair housing and public accommodations law) strong coverage of statutes, regulations, and statutory interpretation problem-oriented approach, applying concepts, rules, and doctrines to new situations one might find in practice, with problems updated to be currentrecent cases and interesting fact situationsMeticulously and thoughtfully updated and refined, the Fifth Edition offers:reorganized chapter sequence Part I, renamed Property in a Free and Democratic Society links the estates system to the anti-feudal policy and to the current consumer protection orientation of the subprime crisis reverses the order of previous Chapter 1 and Chapter 2 to begin with the easy-to-understand trespass material on the right to exclude and limits on the right to exclude created by common law, statutes, and constitutional law. These chapters teach from the very beginning that property rights are limited rather than absolute, that they involve social relationships, not just control over things, and that property law is defined by both common law and statutesall-new Chapter 2, The Framework of Property Relations in a Democracy, shows the connection between property law rules designed to prevent the re-emergence of feudalism and regulations designed to respond to the current subprime mortgage crisis. New material on subprime mortgages demonstrates how we can understand all of property law by thinking about the lessons of the subprime crisis Chapter 3, now entitled Competing Claims to Property focuses partly on how property rights in land were historically created and partly on how property claims emerge today. Most important, it treats these issues as involving competing claims to propertynew Part II, entitled What Can Be Owned?, puts the intellectual property chapter and the chapter on property in persons (renamed) at the beginning of the book as an introduction to the problem of defining what can be owned material on tribal property is now integrated into a coherent treatment that addresses both the legacy of conquest and contemporary legal issuesnew cases, among them:Commonwealth v. Fremont Investment & Loan (on subprime lending)Warner Bros. Entertainment, Inc. & J.K. Rowling v. RDR Books (on the Harry Potter copyright case)Wilcox v. Stroub (on ownership of the papers of Confederate governors of South Carolina)timely updates throughout, among them:information on Measure 37 in Oregon (and Measure 49) changes in mortgages law following the subprime crisischanges in adverse possession law in Colorado and New Yorkfuller coverage of the Uniform Residential Landlord and Tenant Actchanges in the law of same sex marriage state legislative and constitutional responses to Kelo and substantial changes in the rule against perpetuities LOOKING FOR ADDITIONAL RESOURCES TO HELP YOU IN PROPERTY LAW? TRY EXAMPLES & EXPLANATIONS: PROPERTY 3E (9780735570313) AND THE WOLTERS KLUWER BOUVIER LAW DICTIONARY: 2011 STUDENT EDITION (9780735568525) --TWO OF MANY GREAT STUDY GUIDES FROM WOLTERS KLUWER LAW & BUSINESS.
Author: Sarah Nield Publisher: Core Texts Series ISBN: 0198831870 Category : Land tenure Languages : en Pages : 494
Book Description
McFarlane, Hopkins, and Nield's Land Law is the most succinct, analytical textbook available in this subject area. These experienced and respected authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the topics. The approach arms students with the tools needed to analyse content covered in classes and exams autonomously by demonstrating how to consider rules in isolation before looking at the full picture. This method helps students make links across topics. The concise treatment allows students to concentrate on building an in-depth, sophisticated grasp of the core principles. The authors' direct writing style and contextual outlook guides readers through the depth and detail and gives lucidity to abstract rules. The use of significant cases to exemplify rules in practice and diagrams for visual learners gives additional clarity to concepts that are particularly difficult to imagine. Students are encouraged to test their knowledge by answering end-of-chapter questions and to widen their research by referring to the resources suggested in the further reading lists accompanying each chapter. Online resources Students can access additional supportive materials online including: - Web links to useful sites containing further information on chapter-specific topics - Self-test questions with instant feedback - Essay questions and guidance on how to answer them - Updates on legal developments in land law
Author: Mark P. Thompson Publisher: Oxford University Press, USA ISBN: 0199641374 Category : Business & Economics Languages : en Pages : 707
Book Description
'Modern Land Law' is a core textbook providing students with a clear understanding of the principles of the subject. It analyzes the social context of modern land law and the policy tensions to which it gives rise.
Author: Nigel Gravells Publisher: Bloomsbury Publishing ISBN: 1782251529 Category : Law Languages : en Pages : 304
Book Description
Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property – the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.
Author: Sue Farran Publisher: Bloomsbury Publishing ISBN: 1509939288 Category : Law Languages : en Pages : 365
Book Description
What 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.
Author: Duncan Sheehan Publisher: Bloomsbury Publishing ISBN: 1509901337 Category : Law Languages : en Pages : 633
Book Description
The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.
Author: C.F. Black
Author: C.F. Black
Author: 
Author: Ben McFarlane
Author: Joseph William Singer
Author: Joseph William Singer
Author: Sarah Nield
Author: Mark P. Thompson
Author: Nigel Gravells
Author: Sue Farran
Author: Duncan Sheehan