the structure of property law

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The Structure Of Property Law

Author : Ben McFarlane
ISBN : STANFORD:36105134423743
Genre : Law
File Size : 41. 24 MB
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Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law. The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in:" Property Law" Land Law" Personal Property LawThe book also provides detailed analysis of core topics in:" Equity & Trusts" Commercial Law" Unjust Enrichment & RestitutionSee the companion website for this book:www.hartpub.co.uk/companion/propertylaw.html.

The Economic Structure Of Intellectual Property Law

Author : William M. LANDES
ISBN : 9780674039919
Genre : Law
File Size : 78. 8 MB
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This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law

The Structure Of Liberty

Author : Randy E. Barnett
ISBN : 9780198700920
Genre : Business & Economics
File Size : 76. 77 MB
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This provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.

Comparative Property Law

Author : Michele Graziadei
ISBN : 9781785369162
Genre :
File Size : 25. 74 MB
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Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.

The Idea Of Property In Law

Author : James E. Penner
ISBN : 0198260296
Genre : Law
File Size : 69. 85 MB
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In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing to effectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle". Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system."

The Structure Of Intellectual Property Law

Author : Annette Kur
ISBN : 9780857931542
Genre : Law
File Size : 24. 78 MB
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In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.

The Structure Of Empirical Knowledge

Author : Laurence BonJour
ISBN : 0674843819
Genre : Philosophy
File Size : 57. 46 MB
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How must our knowledge be systematically organized in order to justify our beliefs? There are two optionsâe"the solid securing of the ancient foundationalist pyramid or the risky adventure of the new coherentist raft. For the foundationalist like Descartes each piece of knowledge can be stacked to build a pyramid. Not so, argues BonJour. What looks like a pyramid is in fact a dead end, a blind alley. Better by far to choose the raft. Here BonJour sets out the most extensive antifoundationalist argument yet developed. The first part of the book offers a systematic exposition of foundationalist views and formulates a general argument to show that no variety of foundationalism provides an acceptable account of empirical justification. In the second part he explores a coherence theory of empirical knowledge and argues that a defensible theory must incorporate an adequate conception of observation. The book concludes with an account of the correspondence theory of empirical truth and an argument that systems of empirical belief which satisfy the coherentist standard of justification are also likely to be true.

Kuhn S The Structure Of Scientific Revolutions Revisited

Author : Vasso Kindi
ISBN : 9781136243202
Genre : Science
File Size : 52. 13 MB
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The year 2012 marks the 50th anniversary of the publication of Thomas S. Kuhn’s The Structure of Scientific Revolutions. Up until recently, the book’s philosophical reception has been shaped, for the most part, by the debates and the climate in philosophy of science in the 1960s and 1970s; this new collection of essays takes a renewed look at this work. This volume concentrates on particular issues addressed or raised in light of recent scholarship and without the pressure of the immediate concerns scholars had at the time of the Structure’s publication. There has been extensive research on all of the major issues concerning the development of science which are discussed in Structure, work in which the scholars contributing to this volume have all been actively involved. In recent years they have pursued novel research on a number of topics relevant to Structure’s concerns, such as the nature and function of concepts, the complexity of logical positivism and its legacy, the relation of history to philosophy of science, the character of scientific progress and rationality, and scientific realism, all of which are brought together and given new light in this text. In this way, our book makes new connections and undertakes new approaches in an effort to understand the Structure’s significance in the canon of philosophy of science.

The Structure Of Property Ownership In Great Britain

Author : Edward Victor Morgan
ISBN : UOM:39015065757836
Genre : Law
File Size : 31. 8 MB
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Sackville And Neave Australian Property Law

Author : Brendan Edgeworth
ISBN : 0409332011
Genre : Australian property
File Size : 78. 87 MB
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SACKVILLE & NEAVE AUSTRALIAN PROPERTY LAW is the authoritative work on property law in Australia. It provides a comprehensive review of land law and some aspects of personal property law in all Australian States and Territories. The 9th edition SACKVILLE & NEAVE AUSTRALIAN PROPERTY LAW retains the structure adopted in the eighth edition. Chapter 1 deals with conceptual issues that underpin and define the ambit of property law. Later chapters examine four broad issues with which the law of property is concerned: the fragmentation of proprietary interests (Ch 2, 3 and 6); the acquisition and transfer of proprietary interests (Ch 4); and the enforceability of proprietary interests and related priority issues (Ch 4 and 5). The book also examines the rules regulating the creation and enforcement of particular interests in land, including leases, easements, restrictive covenants and mortgages.

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