John V. Orth

Reappraisals in the Law of Property (eBook, ePUB)

• Format: ePub

Produktbeschreibung

Some of the most basic doctrines of property law are very old, many dating to the medieval era. How can legal rules that were born so long ago remain viable today? In Reappraisals in the Law of Property, author John V. Orth considers various topics in order to discover the forces that have been made and are continuing to remake these areas of the law. Orth proposes three forces in particular that have shaped the development of property law over time: the inertial force of tradition, the reforming power of judicial and legislative activism, and the constant challenge of academic criticism. Together, these themes form the foundation of a critical and challenging work, one that re-evaluates property law and demonstrates both its enduring consistency and the unique and often drastic ways in which it has evolved in the modern era.

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Produktdetails

• Verlag: Taylor & Francis eBooks
• Seitenzahl: 172
• Erscheinungstermin: 8. April 2016
• Englisch
• ISBN-13: 9781317070801
• Artikelnr.: 44876185

Autorenporträt

John V. Orth is the William Rand Kenan, Jr. Professor of Law at the University of North Carolina School of Law. His many books on subjects in law include How Many Judges Does It Take to Make a Supreme Court? And Other Essays on Law and the Constitution (University Press of Kansas, 2006) and The Judicial Power of the United States: The Eleventh Amendment in American History (Oxford University Press, 1991).

Inhaltsangabe

Preface
Introduction
Part I Getting Down to Cases
Chapter 1 Finding: Asking the Wrong Question
Chapter 2 The Rule in Shelley's Case: Staying Too Long
Chapter 3 Joint Tenancy: Accounting for Continuity
Chapter 4 Tenancy by the Entirely: Adapting to Change
Chapter 5 Leases: Misled by a Simile
Chapter 6 The Burden of an Easement: Playing a Word Game
Chapter 7 Covenants of Habitability: Doing the Right Thing
Chapter 8 Escheat: Picking Up the Pieces
Part II Driving Forces
Chapter 9 Intention: The Law of Unintended Consequences
Chapter 10 Competition: The Race to the Bottom
Chapter 11 Fiction: Pious Fraud
Chapter 12 Labels: Argumentative Jargon
Chapter 13 Second Thoughts: Full Enlightenment?
Chapter 14 Afterword