This two-volume collection brings together the most important articles on the tragedies of the commons and anticommons. The first volume presents the bedrock articles that define commons and anticommons theory, from Aristotle to the present. The second volume continues with cutting edge property theory and applications. A judicious selection of articles shows how commons and anticommons metaphors inform current debates at the innovation frontier, ranging from patent thickets to broadcast spectrum licensing. In this extensive introduction, Michael Heller contextualizes the selected papers and provides scholars and policy-makers with an entry point into this rapidly evolving field.

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.

This authoritative collection presents the most important published articles on the cultural, legal, philosophical and economic dimensions of property rights. It shows how the economics of property rights has enriched our ability to understand as well as to predict a wide range of real world events. This first volume focuses on the history, development and consequences of property rights as they interact with formal and informal institutions. The second volume considers the effects of alternative property rights on economic performance. This important two-volume collection will be an essential source of reference for both economists and political scientists concerned with property rights.

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.

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.

Economics is a matter of choice and growth, of interaction and exchange among individuals. Because property rights define the rules of these interactions and the objects of exchange, it is vital to fully understand the institutions and implications of the various property-rights regimes. With over 20 original and specially commissioned chapters, this book takes the reader from the historical and moral foundations of the discipline to the frontiers of scholarly research in the field. This Companion is both an introduction to the economics of property rights and a guide to help understand and analyse policy issues by making use of the powerful conceptual tools offered by this increasingly popular branch of economics. Following a comprehensive introduction by the editor, the book is divided in to three broad sections which examine the birth and evolution of property rights, investigate the relationship between property rights and the law, and explore contemporary economic issues from a property rights perspective. Together, the chapters in the book do not claim to offer a standard solution to the institutional questions raised by the property-rights issue. Instead, they present the theoretical tools and real-world examples needed to allow the reader to develop new ideas and evaluate existing problems. Non-technical in nature and including a distinguished list of authors from across the spectrum of economic thinking, The Elgar Companion to the Economics of Property Rights makes an invaluable contribution to the literature on economics, law, political science and public choice. For any serious scholar or student of these disciplines, this book will prove to be the ultimate reference companion.

The Foreclosure Echo tells the story of the ordinary people whose quest for the American dream was crushed in the foreclosure crisis when they were threatened with losing their homes. The authors, Linda E. Fisher and Judith Fox - each with decades of experience defending low-to-moderate-income people from foreclosure and predatory lending practices - have employed a range of legal, economic, and social-science research to document these stories, showing not only how people experienced the crisis, but also how lenders and public institutions failed to protect them. The book also describes the ongoing effects of the crisis - including vacant land and abandoned buildings - and how these conditions have exacerbated the economic plight of millions of people who lost their homes and have increased inequality across the country. This book should be read by anyone who wants to understand the fallout of the last financial crisis and learn what we can do now to avoid another one.

"Unclaimed Property: A Reporting Process and Audit Survival Guide" breaks the unclaimed property process down into manageable steps that you can either handle on your own or with the help of a professional in the field. Author Tracey Reid presents a thorough introduction to every aspect of unclaimed property laws, clarifying what unclaimed property is, how the escheat laws apply to your particular circumstance, and how you can bring your enterprise into compliance with the least amount of manpower and cash outlay possible.

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.

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.

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.

This is the first book to explain the body of English law that surrounds the question "Are finders keepers?" This most simple of questions has long evaded a satisfactory legal answer. Generally, it seems to have been accepted that a finder acquires a property right in the object of his or her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This full-length treatment of finders sets them in their legal-historical context, focusing on a fascinating area of law lying at the crossroads of crime, obligations, and property. That, on the same facts, a finder might be a thief, a bailee, and/or a property right holder has clouded conceptual analysis and prevented the simple stating of rules about finding. Nonetheless, when the applicable doctrines and policies of property law, particularly the central concept of possession, are explored and understood in the light of countervailing rules of crime and tort, it can be argued confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument. It is an important source of information for anyone interested in the law of personal property and also for those with broader concerns about the evolution of common law concepts.

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).

This study of the boundaries of personal property has an inward and an outward perspective, with the intellectual emphasis on the latter. The inward-looking inquiry considers shares as items of personal property. Nowadays those who think of themselves as shareholders often stand one step removed from the share itself. They hold what this book christens a sub-share. This part of the book asks in what sense shares and sub-shares can be conceived to be things, how those things are alienated, and how they are protected in litigation. The outward-looking inquiry then asks whether personal property can be contemplated as a sub-category of the law of things and, more particularly, as the law of all things locatable in space, alienable, or vindicable in court. The outward inquiry considers three boundaries. Within the law of property the line between realty and personalty proves relatively uncontroversial; the second boundary lies between property and obligations; the third between wealth and non-wealth. The second boundary is the main concern. Respect for it necessitates a differentiation between the law of property in the strict sense and the all-encompassing law of wealth, even where the consequence might be to exclude shares and sub-shares from the law of property. In maintaining the value of careful proprietary taxonomy and in reviving the underlying concepts on which it depends, this book opposes modern scepticism as to the possibility and desirability of precision in legal classification. In these commitments it could fairly be styled a post-modern study of personal property. Winner of the SLS Birks Prize for Outstanding Legal Scholarship 2006 - Second Prize.

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.

Planned giving is an important piece of the money-raising puzzle. This handy and authoritative reference on estate tax planning and charitable giving offers the "how-to's" for librarians seeking to raise funds through planned gifts.

Development experts Smith and Lehrer draw a road map for libraries to:

-- Make their way through the complicated process of planned giving

-- Share the vision of the library's future with potential donors

-- Learn how to communicate the win-win benefits of charitable gift giving

View the Table of Contents.
Read the Introduction.

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

The Foreclosure Echo tells the story of the ordinary people whose quest for the American dream was crushed in the foreclosure crisis when they were threatened with losing their homes. The authors, Linda E. Fisher and Judith Fox - each with decades of experience defending low-to-moderate-income people from foreclosure and predatory lending practices - have employed a range of legal, economic, and social-science research to document these stories, showing not only how people experienced the crisis, but also how lenders and public institutions failed to protect them. The book also describes the ongoing effects of the crisis - including vacant land and abandoned buildings - and how these conditions have exacerbated the economic plight of millions of people who lost their homes and have increased inequality across the country. This book should be read by anyone who wants to understand the fallout of the last financial crisis and learn what we can do now to avoid another one.

This timely book reviews the changes in legal reform around the constitutional protection of private property in China since 1949. Using a comparative approach, it analyses the development of property theories and the various constitutionalisation models and practices of private property in representative countries including the United States, Canada, Germany, India and China. It also explores the interwoven social forces that have been driving the evolution of the constitutional protection of private property in China. By comparing China with the United States, Germany and India, the author reveals the unfairness, unjustness and insufficiency in China's application of three constitutional doctrines - public use, just compensation and due process or procedure. The book concludes by predicting future progress and suggests feasible measures for gradual reform that will be compatible with China's existing political system.

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.

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 A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law, providing a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote clarity and ease of understanding. Now in its eighth edition, A Practical Approach to Landlord and Tenant continues to provide a comprehensive and systematic guide to the particularly complex principles and practice of landlord and tenant law. Condensing the case law and statutory codes into one manageable volume, this book provides a valuable, user-friendly introduction for lawyers and students alike. The authors explain the fundamentals of landlord and tenant law, providing a broad coverage from creating a tenancy through to termination. Offering extensive treatment of both the common law and statutory codes, this book provides detailed analysis of areas such as leases, tenancy, assignment and subletting, agricultural holdings, business tenancies, and eviction. The eighth edition has been comprehensively updated to cover all recent developments in landlord and tenant law. It considers the requirements on landlords defined in the Deregulation Act 2015, as well as the developments on the seizing of tenant's assets as contained in the Commercial Rent Arrears Recovery Procedure (CRAR) 2014. This edition provides an overview of the effect that the provisions of the Immigration Act 2016, and the Housing and Planning Act 2016 will have on residential tenancies in England. It also reflects on the impact of new case law, such as the advances in the tenancy deposit protection scheme as well as changes to business and assured tenancies. Very much a practical guide, this title makes frequent use of examples, checklists, forms and precedents, specifically designed to assist the busy professional and student. A Practical Approach to Landlord and Tenant is an indispensable resource for those working in this field.