The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).

The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include contributions on topics as diverse as the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse. With a foreword by the Honourable Justice Edwin Cameron, this volume celebrates the life and work of Jim Harris

The luxurious spending habits of Italians in the Renaissance are well known. This is the first comprehensive study of the sumptuary laws that attempted to regulate the consumption of luxuries. Catherine Kovesi Killerby provides a chronological, geographical, and thematic survey of more than 300 laws enacted in over 40 cities throughout Italy, and sets them in their social context.

Here is one of the first books specifically geared for legal practitioners involved in liability arising out of participation in professional and amateur athletics. In a lively and highly readable manner, Yasser applies tort law principles to a wide variety of sports cases--from such publicized cases as Dale Hackbart v. Boobie Clark, Rudy Tomjanovich v. The Los Angeles Lakers, and Bill Walton v. Dr. Cook to the more obscure such as Virgil v. Time Inc. and Spahn v. Julian Messner Inc. In each he expertly underscores relevant, useful information that can be used in daily practice. The author, a torts professor and sports fan, examines in a sports setting such torts as negligence, products liability, and intentional interference with contractual relations. In each chapter, Professor Yasser prints edited versions of the landmark sports cases, takes an in-depth look at one major legal issue, and provides a broad summary of the law and a bibliography. "Harvard Law RevieW"

Here is one of the first books specifically geared for legal practitioners involved in liability arising out of participation in professional and amateur athletics. In a principles to a wide variety of sports cases and expertly underscores relevant information that can be used in daily practice. In each chapter, he systematically covers a particular situtation, giving a complete perspective of every aspect. Introductory comments outline the germane substantive law and set the stage for the case and materials section. Landmark cases are reviewed and Yasser takes an indepth look at an important case or issue. To round out the chapter, he raises points that are pertinent to the subject matter and provides a bibliography of outstanding legal literature.

The book examines the protection of property rights in chattels through the law of torts, focusing on the four actions of conversion, detinue, trespass and negligence. Traditionally these actions have been governed by arcane divisions which have led to unnecessary complexity and arbitrariness. The principal argument made in the book is that significant developments in the modern law point towards abolition of these arcane divisions and permit the chattel torts to be understood by reference to a coherent and justifiable structure. It is argued that the only division which should be drawn in the modern chattel torts is between intentional interferences with chattels, where liability is strict, and unintentional interferences with chattels, where liability is fault based. In order to demonstrate this structure it is first argued that the actions of conversion, detinue and trespass amount, in substance, to a single cause of action which imposes strict liability for the intentional interference with another's chattel. It is then argued that the tort of negligence recognises a fault-based cause of action for the unintentional interference with another's chattel. It is further argued that this basic structure, unlike the arcane divisions which have traditionally governed this area of law, can be justified.

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aThis comprehensive analysis of privacy in the information age challenges traditional assumptions that breeches of privacy through the development of electronic dossiers involve the invasion of oneas private space.a
--"Choice"

"The Digital Person challenges the existing ways in which law and legal theory approach the social, political, and legal implications of the collection and use of personal information in computer databases. Solove's book is ambitious, and represents the most important publication in the field of information privacy law for some years."
--"Georgetown Law Journal"

"Anyone concerned with preserving privacy against technology's growing intrusiveness will find this book enlightening."
--"Publishers Weekly"

"Solove . . . truly understands the intersection of law and technology. This book is a fascinating journey into the almost surreal ways personal information is hoarded, used, and abused in the digital age."
--"The Wall Street Journal"

"Daniel Solove is one of the most energetic and creative scholars writing about privacy today. The Digital Person is an important contribution to the privacy debate, and Solove's discussion of the harms of what he calls 'digital dossiers' is invaluable."
--Jeffrey Rosen, author of "The Unwanted Gaze" and "The Naked Crowd"

"Powerful theme."
--"Privacy Journal"

"This is not only a book you should read, but you should make sure your friends read it."
--"IEEE Review"

"Solove offers a book that is both comprehensive and easy to understand, discussing the changes that technology has brought to our concept of privacy. An excellentstarting point for much needed discussion."
--"Law Technology News"

"An unusually perceptive discussion of one of the most vexing problems of the digital age--our loss of control over our personal information. It's a fascinating journey into the almost surreal ways personal information is hoarded, used, and abused in the digital age. I recommend his book highly."
--Bruce Schneier

"Solove's book is the best exposition thus far about the threat that computer databases containing personal data about millions of Americans poses for information privacy."
--Pamela Samuelson, Chancellor's Professor of Law and Information Management at the University of California, Berkeley

"Solove drives his points home through considerable reconfiguration of the basic argument. Rather than casting blame or urging retreat to a precomputer database era, the solution is seen in informing individuals, challenging data collectors, and bringing the law up-to-date."
--"Choice"

"If you want to find out what a mess the law of privacy is, how it got that way, and whether there is hope for the future, then read this book."
--"Legal Times"

"Solove evaluates the shortcomings of current approaches to privacy as well as some useful and controversial ideas for striking a new balance. Anyone who deals with privacy matters will find a lot ot consider."
--"DM News"

"Solove's treatment of this particular facet is thoughtful, thorough, concise, and occasionally laced with humor. The present volume gives us reason to look forward to his future contributions."
--"The Law and Politics Book Review"

"Solove's book is useful, particularly as an overview on how these private and governmentdatabases grew in sophistication and now interact with one another."
--"Christian Science Monitor"

"A far-reaching examination of how digital dossiers are shaping our lives. Daniel Solove has persuasively reconceptualized privacy for the digital age. A must-read."
--Paul Schwartz, Brooklyn Law School

"The Digital Person is a detailed and approachable resource on privacy issues and the laws that affect them."
--"IT Conversations"

Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases--which Daniel J. Solove calls "digital dossiers"--has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy.

The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world.

The first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY

Personal Property law is probably the most important and yet the most neglected and least understood aspect of English law. Historically, Personal Property law was neglected because it was commonly, but misleadingly, regarded as belonging to a number of entirely separate legal categories. The recent growth of specialist literature in this area is indicative of the increasing awareness of the importance of personal property law by practitioners.

Personal Property: Text and Materials addresses the problem of the near invisibility of personal property law within the law curriculum by producing an integrated casebook that covers both the underlying philosophy and concepts of personal property law and the impact of evolving business practices on the development of the law. The book is inspired by a determination to produce a concept orientated approach to the study of personal property law, avoiding the specific-contract approach to the subject that has hitherto impoverished the study of the concepts and philosophy of personal property law in the United Kingdom.

The book is aimed at undergraduate law students in commercial law courses as well as students in integrated property law courses. By considering all the branches of law that touch commercial transactions such as equity, trusts, property law and restitution, Personal Property: Text and Materials, is also ideal for students studying postgraduate commercial law programs who may or may not have qualifying law degrees.

It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.

What type of right is a property right? How are items of property classified for legal purposes? In this revised edition of Personal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream,) and statutory developments. Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property.

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).

The legal recognition of the housing, land, and property rights of refugees and displaced persons has expanded steadily in recent years as the realization has grown that securing these rights will be beneficial to long-term peace, stability, economic vitality and justice. This volume, first published in 2007, contains more than 240 of the laws, cases and materials that have been adopted during the past century, which accord those unjustly and arbitrarily displaced from their homes and lands with rights: not simply to return to their countries or places of origin, but to return to the original home, land or property from which they were initially forced to flee. The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, are a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.

An informed and sophisticated look at the current debate between gun laws and gun rights in America. Contemporary gun controversies are deeply rooted in our history, yet much of that history is unknown, ignored, or distorted. This is all the more important because a new gun rights movement is pressing to expand the definition of gun rights well beyond the standard set by the Supreme Court in its landmark, controversial Heller ruling from 2008. These activists' efforts have found a receptive audience among a new generation of very conservative federal judges cultivated in part for their professed adherence to the doctrine of constitutional Originalism and fealty to an expansive reading of gun rights. In The Gun Dilemma, Robert J. Spitzer examines this "gun rights 2.0" movement in the light of a host of gun controversies: assault weapons, ammunition magazines, silencers, public gun brandishing and display, and the emergent Second Amendment sanctuary movement. Given the importance of actual gun law history to this debate, Spitzer draws from the historical record to illuminate several contemporary and emergent gun controversies that may well make their way to the Supreme Court. Revealing and illuminating as that history is, he argues that we should not be straitjacketed by that history, but rather informed by it as the nation struggles with how to frame its gun policies. By utilizing novel information sources to explore both gun law history and current debates, The Gun Dilemma provides an informed and sophisticated challenge to the ascendant originalists who appear to be set on enshrining in law a radical libertarian vision of gun rights.

Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters.
The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany), Staempfli Publishers Ltd. (Switzerland).

The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this 'exception' was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property rights in human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and provide a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question.

There has been much discussion in the last ten years about the need to reform the law governing company charge registration, with many bodies including the Department of Trade and Industry and Law Commissions considering the case for reform of this area in the context of a wider scheme of personal property security reform. This has culminated in the coming into force of Part 25 of the Companies Act 2006, which is concerned with company charge registration. This major book features the work of international experts on personal property security law. It focuses on the reform of UK company charge law and argues that the Companies Act 2006 did not go far enough in reforming the law. It addresses the question as to whether the UK should follow the lead of other jurisdictions that have adopted US Article 9 type personal property security schemes. As well as considering current UK law the book also addresses the changes proposed by the Law Commissions and, despite current government inaction, considers whether these reform proposals should be adopted. The book contains major international comparisons and, in particular, looks at law reform in the USA, Canada, Australia, New Zealand, Singapore and Europe. This comparative treatment gives the reader a full perspective on this difficult and constantly developing area of law.

There has been much discussion in the last ten years about the need to reform the law governing company charge registration, with many bodies including the Department of Trade and Industry and Law Commissions considering the case for reform of this area in the context of a wider scheme of personal property security reform. This has culminated in the coming into force of Part 25 of the Companies Act 2006, which is concerned with company charge registration. This major book features the work of international experts on personal property security law. It focuses on the reform of UK company charge law and argues that the Companies Act 2006 did not go far enough in reforming the law. It addresses the question as to whether the UK should follow the lead of other jurisdictions that have adopted US Article 9 type personal property security schemes. As well as considering current UK law the book also addresses the changes proposed by the Law Commissions and, despite current government inaction, considers whether these reform proposals should be adopted. The book contains major international comparisons and, in particular, looks at law reform in the USA, Canada, Australia, New Zealand, Singapore and Europe. This comparative treatment gives the reader a full perspective on this difficult and constantly developing area of law.

The assumption that a positive relationship exists between standardized property rights and economic development is upheld widely in most Southeast Asian and Pacific societies. Using an interdisciplinary approach and case studies, these papers assess the economic impact of standardized property rights on the land and natural resources in Southeast Asia and Oceania. Anthropological and sociological analyses of the relationship indicate a positive correlation may be difficult to sustain.

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

This is the new edition of the leading work on the law and practice of auctions. The book looks at every aspect of auction practice from the economics of auction sales and restrictions on trading to criminal and other liabilities of the auctioneer. There is also a chapter on VAT. There have been important recent developments in the field of consumer protection and the book has been substantially revised to reflect these. In addition to general updating the new edition considers the practice of online auctions for the first time. There is also a section on looted art . The book continues to draw on case law from other common law jurisdictions.

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

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.