Oxford Introductions to U. S. Law Property

Name: Oxford Introductions to U. S. Law Property
Availability: InStock
ISBN: 9780195314762

ISBN-10: 019531476X

ISBN-13: 9780195314762

Edition: 2010

Authors: Thomas W. Merrill, Henry E. Smith

List price: $19.99

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Description:

The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.

Book details

List price: $19.99
Copyright year: 2010
Publisher: Oxford University Press, Incorporated
Publication date: 7/29/2010
Binding: Paperback
Pages: 284
Size: 8.11" wide x 5.39" long x 0.60" tall
Weight: 0.924
Language: English




The Institution of Property


Exclusion and the Bundle of Rights


The Thing's the Thing


General Justifications, General Concerns


Further Reading



Original Acquisition and the Scope of Property Claims


First Possession


Discovery and Creation


Accession


Adverse Possession


Sequential Possession, Finders, and the Relativity of Title


The Mosaic of Acquisition Principles


Further Reading



The Domain of Property


The Demsetz Theory


Personhood


Inherently Public Property


Hybrid Resources


Further Reading



Owners as Gatekeepers


Laws for Owner Protection


Self-Help


Exceptions to the Right to Exclude


Necessity


Custom


Public Accommodation Laws


Antidiscrimination Laws


Owner Powers


Licenses


Bailments


Abandonment and Destruction


Transfer by Sale, Gift, and Inheritance


Further Reading



Dividing Property Rights


Estates and Future Interests


How the System Works


Co-Ownership


Marital Interests


Further Reading



Managing Property


Why Separate Management Authority from Other Incidents of Ownership?


Leasing


Property and Contract


Models of the Lease Contract


Implied Warranty of Habitability


Transferring Leasehold Interests


Common Interest Communities


Trusts


Further Reading



Land Transactions and Title Records


Land Sale Contracts


Title Records


Mortgages


Further Reading



Neighbors and Neighborhood Effects


The Coase Theorem


Tort Liability: Nuisance


Modification of Property Rights: Easements


Contract: Covenants Running with the Land


Public Regulation: Zoning


Further Reading



Government Forbearance


The General Form of the Problem


Sources of Forbearance


The Rule of Law


Procedural Due Process


Vested Rights


Stare Decisis


Waivers of Sovereign Immunity


Explicit Takings


Public Use


Just Compensation


Regulatory Takings


Further Reading


Index