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Leading scholars in the field of law and economics contribute their
original theoretical and empirical research to this major Handbook.
Each chapter analyzes the basic architecture and important features
of the institutions of property law from an economic point of view,
while also providing an introduction to the issues and
literature.Property rights and property systems vary along a large
number of dimensions, and economics has proven very conducive to
analyzing these patterns and even the nature of property itself.
The contributions found here lend fresh perspectives to the current
body of literature, examining topics including: initial
acquisition; the commons, anticommons, and semicommons;
intellectual property; public rights; abandonment and destruction;
standardization of property; property and firms; marital property;
bankruptcy as property; titling systems; land surveying; covenants;
nuisance; the political economy of property; and takings. The
contributors employ a variety of methods and perspectives,
demonstrating the fruitfulness of economic modeling, empirical
methods, and institutional analysis for the study of both new and
familiar problems in property. Legal scholars, economists, and
other social scientists interested in property will find this
Handbook an often-referenced addition to their libraries.
Leading scholars in the field of law and economics contribute their
original theoretical and empirical research to this major Handbook.
Each chapter analyzes the basic architecture and important features
of the institutions of property law from an economic point of view,
while also providing an introduction to the issues and
literature.Property rights and property systems vary along a large
number of dimensions, and economics has proven very conducive to
analyzing these patterns and even the nature of property itself.
The contributions found here lend fresh perspectives to the current
body of literature, examining topics including: initial
acquisition; the commons, anticommons, and semicommons;
intellectual property; public rights; abandonment and destruction;
standardization of property; property and firms; marital property;
bankruptcy as property; titling systems; land surveying; covenants;
nuisance; the political economy of property; and takings. The
contributors employ a variety of methods and perspectives,
demonstrating the fruitfulness of economic modeling, empirical
methods, and institutional analysis for the study of both new and
familiar problems in property. Legal scholars, economists, and
other social scientists interested in property will find this
Handbook an often-referenced addition to their libraries.
Equity can be defined as the use of a more flexible, morally
judgmental, and subjective mode of legal decision making that
roughly corresponds with historical equity. This Element presents a
simple contracting model that captures the role of equity as a
safety valve, and shows how it can solve problems posed by
opportunists–agents with unusual willingness and ability to take
advantage of necessary imperfections in the law. In this model, a
simple but imperfect formal legal regime is able to achieve first
best in the absence of opportunists. But when opportunists are
added, a more flexible regime (equity), can be preferred. However,
equity is also vulnerable to being used opportunistically by the
parties it intends to protect. Hence, the Element shows that it is
often preferable to limit equity, reserving it for use only against
those who appear sufficiently likely to be opportunists.
The law of Equity, a latecomer to the field of private law theory,
raises fundamental questions about the relationships between law
and morality, the nature of rights, and the extent to which we are
willing to compromise on the rule of law ideal to achieve social
goals. In this volume, leading scholars come together to address
these and other questions about underlying principles of Equity and
its relationship to the common law: What relationships, if any, are
there between the legal, philosophical, and moral senses of
'equity'? Does Equity form a second-order constraint on law? If so,
is its operation at odds with the rule of law? Do the various
theories of Equity require some kind of separation of law and
equity-and, if they do, what kind of separation? The volume further
sheds light on some of the most topical questions of jurisprudence
that are embedded in the debate around 'fusion'. A noteworthy
addition to the Philosophical Foundations series, this volume is an
important contribution to an ongoing debate, and will be of value
to students and scholars across the discipline.
Wesley Hohfeld is known the world over as the legal theorist who
famously developed a taxonomy of legal concepts. His contributions
to legal thinking have stood the test of time, remaining relevant
nearly a century after they were first published. Yet, little
systematic attention has been devoted to exploring the full
significance of his work. Beginning with a lucid, annotated version
of Hohfeld's most important article, this volume is the first to
offer a comprehensive look at the scope, significance, reach,
intricacies, and shortcomings of Hohfeld's work. Featuring insights
from leading legal thinkers, the book also contains many of
Hohfeld's previously unseen personal papers, shedding new light on
the complex motivations behind Hohfeld's projects. Together, these
selected papers and original essays reveal a portrait of a
multifaceted and ambitious intellectual who did not live long
enough to see the impact of his ideas on the study of law.
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.
The Oxford Handbook of the New Private Law reflects exciting
developments in scholarship dedicated to reinvigorating the study
of the broad field of private law. This field embraces the
traditional common law subjects (property, contracts, and torts),
as well as adjacent, more statutory areas, such as intellectual
property and commercial law. It also includes important areas that
have been neglected in the United States but are beginning to make
a comeback. These include unjust enrichment, restitution, equity,
and remedies more generally. "Private law" can also mean private
law as a whole, which invites consideration of issues such as the
public-private distinction, the similarities and differences
between the various areas of private law, and the institutional
framework supporting private law - including courts, arbitrators,
and even custom. The New Private Law is an approach to these
subjects that aims to bring a new outlook to the study of private
law by moving beyond reductively instrumentalist policy evaluation
and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to
consider and capture how private law's various features fit and
work together, as well as the normative underpinnings of these
larger structures. This movement has begun resuscitating the notion
of private law itself in the United States and has brought an
interdisciplinary perspective to the more traditional, doctrinal
approach prevalent in Commonwealth countries. The Handbook embraces
a broad range of perspectives to private law - including
philosophical, economic, historical, and psychological, to name a
few - yet it offers a unifying theme of seriousness about the
structure and content of private law. It will be an essential
resource for legal scholars interested in the future of this
important field.
This revised casebook is designed for a "building block" property
course that serves as a student's foundation for the rest of law
school and beyond. Avoiding the typical hodge-podge of issues, the
book presents material in an integrated way, exploring how owner
sovereignty and its limits, community values, and societal purposes
are or are not realized in the structures of property law and
institutions. Using vivid cases, both old and new, timely issues in
intellectual property, land use, and regulatory takings are given
expansive treatment, as well as traditional topics like custom,
equity, and restitution. The emphasis throughout is on fundamental
principles and policy questions.
This revised casebook is designed for a "building block" property
course that serves as a student's foundation for the rest of law
school and beyond. Avoiding the typical hodge-podge of issues, the
book presents material in an integrated way, exploring how owner
sovereignty and its limits, community values, and societal purposes
are or are not realized in the structures of property law and
institutions. Using vivid cases, both old and new, timely issues in
intellectual property, land use, and regulatory takings are given
expansive treatment, as well as traditional topics like custom,
equity, and restitution. The emphasis throughout is on fundamental
principles and policy questions.
The fusion of law and equity in common law systems was a crucial
moment in the development of the modern law. Common law and equity
were historically the two principal sources of rules and remedies
in the judge-made law of England, and this bifurcated system
travelled to other countries whose legal systems were derived from
the English legal system. The division of law and equity - their
fission - was a pivotal legal development and is a feature of most
common law systems. The fusion of the common law and equity has
brought about major structural, institutional and juridical changes
within the common law tradition. In this volume, leading scholars
undertake historical, comparative, doctrinal and theoretical
analysis that aims to shed light on the ways in which law and
equity have fused, and the ways in which they have remained
distinct even in a 'post-fusion' world.
Principles of Patent Law provides comprehensive coverage of the
policies, laws, rules, and practices of the U.S. patent system in a
format accessible to students, lawyers, government officials, and
business people. The Seventh Edition builds on the strengths of
prior editions in combining discussions of the law and theory of
patents with instructive case materials. The Seventh Edition
features a number of significant changes designed to reflect the
"new normal" with respect to various aspects of U.S. patent law,
including (1) the revitalization of jurisprudence on subject-matter
eligibility, (2) the ongoing transition to dominance of
patentability provisions adopted by the America Invents Act of 2011
(AIA), and (3) the increased roles of administrative proceedings
and administrative-law concerns in patent law practice. In response
to such developments, we have reorganized the chapters on
patentability essentially to follow the order of 101 to 103 and 112
in the Patent Act. In the chapters on novelty and nonobviousness,
we have generally placed the primary focus on the AIA formulations
of these requirements, with pre-AIA law now tending to appear in a
more secondary role. We have also introduced a new, separate
chapter on "Procedures and Institutions" of patent law. We hope
that the result is a spryer casebook that stays true to the vision
of the First Edition.
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