Property Outlaws

Property Outlaws
Author: Eduardo M. Penalver
Publisher: Yale University Press
Total Pages: 357
Release: 2010-02-16
Genre: Law
ISBN: 0300161239

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Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

Property Outlaws

Property Outlaws
Author: Eduardo M. Peñalver
Publisher:
Total Pages: 294
Release: 2010
Genre: Law
ISBN: 9780300122954

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Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of ?property outlaws”?the trespasser, squatter, pirate, or file-sharer?to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of ?property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

Property and Community

Property and Community
Author: Gregory S. Alexander
Publisher: Oxford University Press
Total Pages: 240
Release: 2010-01-21
Genre: Law
ISBN: 0199749337

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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 Peñalver 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.

Property in the Margins

Property in the Margins
Author: A J van der Walt
Publisher: Bloomsbury Publishing
Total Pages: 302
Release: 2009-05-29
Genre: Law
ISBN: 1847315100

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Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.

Perspectives on Property Law

Perspectives on Property Law
Author: Robert C. Ellickson
Publisher: Aspen Publishing
Total Pages: 709
Release: 2023-02-01
Genre: Law
ISBN: 1543856160

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team

In-laws, Outlaws, and Granny Flats

In-laws, Outlaws, and Granny Flats
Author: Michael Litchfield
Publisher: Taunton Press
Total Pages: 227
Release: 2011
Genre: Architecture
ISBN: 1600852513

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This book explains how to turn the extra space in one's home into a separate living quarters in order to house a relative or to rent out to a boarder to earn extra money.

Law, Property and Disasters

Law, Property and Disasters
Author: Daniel Fitzpatrick
Publisher: Taylor & Francis
Total Pages: 317
Release: 2021-05-30
Genre: Business & Economics
ISBN: 1000391809

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This book provides a re-assessment of property law for a future of environmental disruption. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies and natural disasters.

The Outlaws of the Wild West: 150+ Westerns in One Edition

The Outlaws of the Wild West: 150+ Westerns in One Edition
Author: Mark Twain
Publisher: Good Press
Total Pages: 12837
Release: 2023-11-27
Genre: Fiction
ISBN:

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The Outlaws of the Wild West: 150+ Westerns in One Edition stands as a monumental anthology that explores the allure and the multifaceted nature of the American West through its most emblematic genre: the Western. Within its pages, readers are treated to a diverse array of literary styles, from the rugged realism of pioneer life to the mythmaking narratives of outlaws and heroes. This collection, unparalleled in its scope, showcases the evolution of Western literature over time, presenting seminal works alongside lesser-known gems, offering a comprehensive insight into the genre's development and its lasting impact on American culture. The inclusion of works by celebrated authors such as Mark Twain and Jack London alongside those by niche writers ensures a rich and varied reading experience, encapsulating the broad expanse of the Western narrative landscape. The collective backgrounds of the anthology's authors provide a vivid tapestry of the American literary canon. From Twains razor-sharp wit to Londons raw depiction of adversity and survival, and Cathers evocative portrayal of frontier life, the anthology spans a critical period in American history. These authors, hailing from diverse walks of life, bring authenticity and depth to their depiction of the West, reflecting the socio-political landscapes and cultural shifts of their respective eras. The anthology not only commemorates the traditional Western but also underscores the genres role in exploring themes of identity, conflict, and the American dream, echoing the complexity and contradictions of American society itself. The Outlaws of the Wild West: 150+ Westerns in One Edition offers readers an unparalleled opportunity to dive deep into the heart of American literary heritage. It appeals not only to aficionados of the Western genre but also to those keen on exploring the narratives that have shaped American identity and mythology. This anthology opens up a dialogue among a wide array of voices, each adding its unique perspective to the vast, untamed landscapes of the American West. As such, it is an essential read for anyone looking to grasp the full spectrum of American literary output, offering an educational journey through time and across the plains, mountains, and deserts that have inspired generations of storytellers.

Perspectives on Property Law

Perspectives on Property Law
Author: Robert C. Ellickson
Publisher: Aspen Publishing
Total Pages: 865
Release: 2014-04-11
Genre: Law
ISBN: 1454848545

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This reader on property law continues its lengthy track record of success of combining fascinating and essential readings and materials pertaining to property law with author commentary. Now in its Fourth Edition, Perspectives on Property Law adds nationally renowned property scholar Henry E. Smith as co-author to its already impressive author team. Features: Among the new readings included in the Fourth Edition: William Fischel's book on the Homevoter Hypothesis Libecap and Lueck's article on systems of land demarcation Peñalver and Katyal's book on property outlaws Robert Merges's article on the new dynamism in the public domain

An Introduction to Property Theory

An Introduction to Property Theory
Author: Gregory S. Alexander
Publisher: Cambridge University Press
Total Pages: 247
Release: 2012-04-09
Genre: Law
ISBN: 1107375371

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This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.