Entitlement

Author: Joseph William Singer
Publisher: Yale University Press
ISBN: 9780300128543
Size: 42.89 MB
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In this important work of legal, political, and moral theory, Joseph William Singer offers a controversial new view of property and the entitlements and obligations of its owners. Singer argues against the conventional understanding that owners have the right to control their property as they see fit, with few limitations by government. Instead, property should be understood as a mode of organizing social relations, he says, and he explains the potent consequences of this idea. Singer focuses on the ways in which property law reflects and shapes social relationships. He contends that property is a matter not of right but of entitlement—and entitlement, in Singer’s work, is a complex accommodation of mutual claims. Property requires regulation—property is a system and not just an individual entitlement, and the system must support a form of social life that spreads wealth, promotes liberty, avoids undue concentration of power, and furthers justice. The author argues that owners have not only rights but obligations as well—to other owners, to nonowners, and to the community as a whole. Those obligations ensure that property rights function to shape social relationships in ways that are both just and defensible.

Property And Community

Author: Gregory S. Alexander
Publisher: Oxford University Press
ISBN: 0199749337
Size: 70.93 MB
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Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed. Alexander and Pe?alver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself.

Digital Identity An Emergent Legal Concept

Author: Clare Linda Sullivan
Publisher: University of Adelaide Press
ISBN: 0980723019
Size: 74.72 MB
Format: PDF, Kindle
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This is the first full-length study that recognises and discusses digital identity in a transactional context under a national identity scheme. It contrasts the right to identity to the right to privacy in the context of a national identity scheme, and defines identity theft and its consequences. The analysis and findings are relevant to the one proposed for the United Kingdom, to other countries which have similar schemes, and to countries like Australia who have the long term goal of establishing one. Under a national identity scheme, being asked to provide 'ID' will become as commonplace as being asked one's name, and the concept of identity will become embedded in processes essential to the national economic and social order. The analysis reveals the emergence of a new legal concept of identity. This emergent concept and the associated individual rights, including the right to identity, potentially change the legal and commercial landscape.

Introduction To Property

Author: Joseph William Singer
Publisher: Aspen Law & Business
ISBN:
Size: 21.75 MB
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With a stronger emphasis on accessibility, the Second Edition of Introduction to Property gives students a much-needed overview of the law of property, addressing all the classic and contemporary topics covered in the typical first-year course. Equally useful with any casebook, this exceptional paperback text: clearly explains property rules and doctrine through a textual treatment, describing the complicated and antiquated property laws in a lively, contemporary manner and including numerous examples to help students understand the law emphasizes disagreements among states about the applicable rules of property law, with explanations of why states adopt different rules clarifies the norms and policy bases of property law through a balanced account of the various theoretical approaches to property, enabling students to understand the reasoning behind the law, including the reasons why states do not always agree on what rules to follow teaches students to spot issues by explaining how courts interpret ambiguous elements in rules and identifying situations likely to give rise to exceptions prepares students for class and for exams by modeling correct answers to hard cases in which the law is unclear. By giving short summaries of the strongest arguments on both sides, students learn real-world skills for analyzing problems, rather than just memorizing black letter law. draws on the expertise of Joseph Singer, a leading property scholar who has authored a very popular property casebook maintains a balanced perspective The Second Edition introduces much new material: the text is redesigned for easier access, with special features highlighted so they can be easily distinguished from the rest of the text new Supreme Court cases on regulatory takings law new court interpretations of the Fair Housing Act and the Americans with Disabilities Act new state statutes, such as the New York statute prohibiting discrimination on the basis of sexual orientation in housing and public accommodations footnotes, cases, and statutes updated with citations to recent cases updated problems reflect recent court decisions

Logics Of Empowerment

Author: Aradhana Sharma
Publisher: U of Minnesota Press
ISBN: 0816654522
Size: 55.56 MB
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Bringing much-needed specificity to the study of neoliberalism, 'Logics of Empowerment' fosters a deeper understanding of development and politics in contemporary India.

Property Law

Author: Joseph William Singer
Publisher: Aspen Publishers
ISBN: 9781454889182
Size: 35.81 MB
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Buy anew versionof this Connected Casebook and receiveaccessto theonline e-book, practice questionsfrom your favorite study aids, and anoutline toolon CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. This looseleaf version of the Connected Casebook does not come with a binder. 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 covering: upholding disparate impact claims under the Fair Housing Act; finding a constitutional right to same-sex marriage; broadly applying the First Amendment's free speech clause to sign regulations; and three decided or pending cases with implications for regulatory takings 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, (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. CasebookConnectfeatures: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions fromExamples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flashflashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

No Freedom Without Regulation

Author: Joseph William Singer
Publisher: Yale University Press
ISBN: 0300211678
Size: 53.57 MB
Format: PDF
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A tour de force that corrects a misconception long embraced by both the left and the right about markets and regulation