Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery of Capital and The Other Path have had a tremendous impact on debates about international development. But his work also has been controversial, and some of his arguments have received sustained criticism. One of de Soto's core ideas is that the institution of private property is necessary for the proper functioning of a market economy. Yet even though many property scholars closely follow de Soto's work, his ideas have been neglected in property law scholarship. And although his work has been widely discussed in the context of property in developing countries, it has not had the same impact on the property issues that arise in mature market economies like the United States. This new collection seeks to remedy this neglect, bringing together a diverse group of scholars to apply de Soto's work to a wide range of contemporary issues in property law and theory. The important contribution it makes to debates and controversies in property law, as well as in related economic fields, will appeal to scholars of both law and economics.
Property: Cases and Materials features sweeping coverage in a single volume, from "old property" (such as the basics of real estate law) to "new property" including the latest developments in intellectual property law. The text provokes debate on fundamental questions such as the creation of property, information as property, collective v. individual rights, and property as related to other bodies of law. Its coverage of intellectual property shows how the law grows and responds to social and technological change. Designed for flexibility, stand-alone chapters can be omitted if time constraints require. Property: Cases and Materials includes appellate decisions, statutes, regulations, administrative decisions, law review articles, and non-legal materials as well as principal cases--Elvis Presley International Memorial Foundation v. Crowell; Panavision International, L.P. v. Toeppen; Dred Scott v. Sandford; and Popov v. Hayashi on the dispute over the Barry Bonds home run ball.
The Third Edition has been heavily updated with recent cases, including more cases from the 21st century than any other major property casebook. A thorough update of all existing materials includes improved coverage of natural resources law and intellectual property.
Thoroughly updated, the revised Third Edition presents:
Housing, land and property (HLP) rights, as rights, are widely recognized throughout international human rights and humanitarian law and provide a clear and consistent legal normative framework for developing better approaches to the HLP challenges faced by the UN and others seeking to build long-term peace. This book analyses the ubiquitous HLP challenges present in all conflict and post-conflict settings. It will bridge the worlds of the practitioner and the theorist by combining an overview of the international legal and policy frameworks on HLP rights with dozens of detailed case studies demonstrating country experiences from around the world. The book will be of particular interest to professors and students of international relations, law, human rights, and peace and conflict studies but will have a wider readership among practitioners working for international institutions such as the United Nations and the World Bank, non-governmental organizations, and national agencies in the developing world.
Ross was an important Danish jurist who wrote a series of influential treatises that combined legal realism, Continental jurisprudence and Scandinavian legal concepts. Although its title suggests a basic introductory work, A Textbook of International Law is actually a sophisticated presentation of his international law of jurisprudence. Reprint of the sole edition, never before reprinted. "It is a pleasant task to welcome a treatise on international law with such a refreshingly new approach to the subject. (...) [It presents] the cardinal doctrines of international law according to a scheme which is at once novel and stimulating to the English reader." --R.Y. Jennings, Journal of Comparative Legislation & International Law, 3rd. Series, 30 (1948) 122 Alf Niels Christian Ross [1899-1979] was Professor of Law at the University of Copenhagen. In 1956 he was a visiting professor at the University of Illinois. He served for seven years on the constitutional committee that laid the groundwork for the Danish constitution of 1953. His many books, which have been translated extensively, include Towards a Realistic Jurisprudence (1946), Constitution of the United Nations: Analysis of Structure and Function (1950), Why Democracy? (1952), Directives and Norms (1968) and On Guilt, Responsibility and Punishment (1975).
Rediscovering the past can change the future for ever . . .
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