Contemporary Property Rights Issues

A multidisciplinary overview This new series gathers a broad selection of the best scholarly literature dealing with property rights in American constitutional history. The initial three volumes deal with the historical aspects of property ownership, many of which are relevant to contemporary developments. Another volume is devoted to the contract clause, which was the heart of a great deal of constitutional litigation. Two volumes deal directly and at length with current issues, such as regulatory takings. The authors come from a variety of disciplines, including history, law, and political science, bringing a multidisciplinary approach to the debate, and providing an excellent background for understanding contemporary issues. A versatile classroom and student research resource Because it gathers so many important articles from law reviews, academic journals, and books, including classic essays by prominent 19th-century authorities, this collection is a valuable resource for law schools. But its thorough exploration of a vital issue that has been the concern of legislators, courts, and citizens since the founding of the republic also makes it useful in American History classes. Professors will appreciate the collection because it gives them access to a concentration of material for classroom use and it's a user-friendly way to introduce students to a variety of opinions and, diversity of sources that can get them started on doing their own research. Students will appreciate the many articles as a veritable gold mine of information.

Examines how our diverse understandings of property impact real-world governing strategies. Property is a concept that is seemingly simple to understand yet continually evolving in the face of cultural change and technological advance. Property Rights in Contemporary Governance examines the many meanings of property, how they have changed over time, and the roles they play in policy, society, and law. With its deeply interdisciplinary approach, the book offers perspectives from economics, environmental studies, history, law, philosophy, public administration, and public policy. The contributors discuss such topics as the origin of the corporation, the role of the takings law, the development of legal protections for financial instruments in nineteenth-century France, the impact of climate change, the shifts in philosophical conceptions of property required by advances in intellectual property rights, and the influence of new technologies, including drones. This is a comprehensive and thoughtful exploration of how our diverse understandings of property impact real-world governing strategies. Staci M. Zavattaro is Associate Professor of Public Administration at the University of Central Florida. Her books include Cities for Sale: Municipalities as Public Relations and Marketing Firms, also published by SUNY Press. Gregory R. Peterson is Professor of Philosophy and Religion at South Dakota State University. He is the author of Minding God: Theology and the Cognitive Sciences. Ann E. Davis is Associate Professor of Economics at Marist College. She is the author of Money as a Social Institution: The Institutional Development of Capitalism and The Evolution of the Property Relation: Understanding Paradigms, Debates, and Prospects.

First published in 1999, this is the first of two books based on papers given at the conference organised by the Centre for Property Law at Reading in March 1998 under the title ‘Contemporary Issues in Property Law’. Speakers represented jurisdictions from around the world. Their subjects ranged from the theoretical and jurisprudential to the severely practical. No one who attended the conference – or subsequently reads the papers in this and the following book, Property Law: Current Issues and Debates – can believe in the picture of property law as archetypical, dry as dust, black letter, law. Questions of human rights, changes in social structures, technological developments are all shown to have their impact on property law, calling for careful analysis of the present law and practical proposals for reforms to reflect new developments.

As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, and outline starter and digital access to leading study aids in that subject and the Gilbert Law Dictionary. Rabin, Kwall, Kwall, and Arnold's Fundamentals of Modern Property Law tracks contemporary trends in property law with particular attention to emerging issues of environmental sustainability. The problem-based structure of the casebook comports with the student learning outcomes and assessment approach emphasized in recent years by the American Bar Association and the Carnegie Endowment Report. This edition provides a comprehensive introduction to intellectual property law. The novel legal problems raised by advances in technology demand that students receive early exposure to this area of law. This edition also emphasizes a planning perspective since lawyers spend a significant amount of time planning, as well as resolving controversies.

Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522

Published in 1999. Questions of human rights, changes in social structures, economic climates and technological developments all impact on property law. This edited collection provides an in-depth analysis of present law and practical proposals for the future, written by the foremost international figures in the field from a variety of theoretical and professional backgrounds.

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Property Law: Practice, Problems, and Perspectives is a truly contemporary 1L Property text. This book is distinguished by its extraordinarily clear and engaging writing, and by the degree to which the authors make material accessible to students in this foundational course. Anderson and Bogart’s text is a joy to read, for both student and teacher. The authors embrace the task of training lawyers, and as a result, their text regularly asks students to answer questions and solve problems from the perspective of attorneys. The authors delve fully into legal doctrine and address profound policy issues in a direct and understandable manner. The casebook draws upon an outstanding range of case opinions, including those from seminal cases as well as recent and provocative disputes. The text uses a two-color design and includes a wonderful selection of photographic images. Each chapter begins with an introduction that captures themes and issues that run throughout and ends with a bulleted summary of the law. Property Law: Practice, Problems, and Perspectives is NextGen Bar ready. The text covers all of the substantive topics covered on the new bar exam. Moreover, the problems and exercises train students to think of real-world applications of the material, just like the NextGen format. New “Preparing for Practice” exercises develop the skills tested on the NextGen Bar. The book’s unique online simulation resource features practice-ready materials and professionally-produced author-scripted videos that illuminate property law issues and disputes. The text regularly references documents used in practice; these documents are available to students in the simulation. New to the 3rd Edition: NextGen Bar Ready! The authors have carefully curated the substance of the book to ensure that it covers the topics tested on the new bar exam. In addition, the “Preparing for Practice” exercises throughout the book should help develop the practice-oriented thought processes and skills necessary to succeed in the new exam format. Revised and updated case opinions and textual discussion. For example, the section addressing the Fair Housing Act now includes additional discussion of disparate impact litigation after Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. Similarly, the authors updated the chapter devoted to takings law to include the latest cases, such as Cedar Point Nursery. The IP Chapter includes the 2023 Supreme Court decision on trademark protection involving Jack Daniel’s and dog toys. Enjoyable new problems drawn from the most recent reported case opinions. New problems include: the application of the takings clause to taxi licenses in the wake of Uber/Lyft; covenants against short-term rentals like VRBO and AirBnB; easements involving proposed carbon capture pipelines; the application of the Fair Housing Act to eviction based on the use of a service dog in violation of the lease; the use of part performance by a son to enforce a contract breached by his parents. Professors and students will benefit from: A blend of property doctrine and real-world practice. A stimulating, challenging presentation that is also transparent. The book retains the subtlety of the classic texts but comments explicitly on the overlapping elements to ensure that students can see all the connections among legal doctrines. Numerous examples that richly illustrate the introduction of new material. A unique interactive element that teaches students how to read a land survey. The authors present this element during the discussion of the importance of the description of real property in deeds and contracts. This exercise helps students understand the issues presented by the text in case opinions and problems. The transactional perspective adopted by the authors in chapters where that is especially relevant, such as real estate transactions and landlord/tenant law. A unique border along the edge of the text in the chapter on the real property transaction, allowing students to place key concepts and doctrinal material in the context of phases of the transaction. A robust electronic version of the casebook, along with online videos and practice-ready materials. A book that is the ideal text for a four-unit course, but includes ample coverage permitting a professor to construct a five- or six-unit course. Revealing and sometimes startling images, such as a subdivision-marketing poster from San Diego in 1915, reflecting racially-restrictive covenants -- a frightening visual example of pervasive discriminatory housing practices that existed prior to the Fair Housing Act.

Contemporary Real Estate Law, Second Edition by C. Kerry Fields and Kevin C. Fields, contains all the traditional topics in real estate law as well as the fresh, current information needed by real estate practitioners, brokers, investors, developers, homeowners, and anyone interested in the dynamic field of real estate. The authors focus on teaching the legal principles that create both rights enjoyed and the corresponding duties imposed upon those parties under property law. The Second Edition features the best and most current cases on each topic from courts across the United States. Many case-based examples throughout the text ensure students can apply the principles they learn. Exercises throughout the book challenge students to apply the law to real world settings, and “Focus on Ethics” sections highlight managerial decisions. Time-tested real estate forms and practice tips are provided to stimulate class discussion. Key Features: Exercises that challenge students to apply the law to real world situations Connected Coursebook format that offers robust search and highlighting, interactive practice questions, outlining software and more An accessible writing style combined with thoughtful pedagogy New charts, figures and exhibits to accelerate student learning A new chapter on environmental law that discusses frequent environmental issues that are present in real estate transactions

Renowned environmental and natural resource legal scholar Christine Klein is joined by Shannon Roesler, the Charlotte and Frederick Hubbell Professor of Environmental and Natural Resources Law at the University of Iowa College of Law, on the third edition of Property: Cases, Problems, and Skills. This comprehensive casebook combines the core, doctrinal elements of a 1L Property course with larger, more nuanced social, environmental, and ethical perspectives. This book offers a versatile, middle position in the Property market: it is straightforward and tightly-organized while also avoiding oversimplification. Property: Cases, Problems, and Skills offers a wealth of doctrinal, policy, and theoretical subtleties for professors who want to probe deeper. It adopts a modern, skills-based approach to Property Law, and includes a balance of classic and new cases, narrowly-focused skills exercises (including advocacy, drafting, client interviewing/counseling, and negotiation), and selected statutory excerpts. Chapter review problems (with answers provided in the Appendix for student self-testing) and a host of other pedagogical features—such as discussion problems that raise novel and modern challenges, “A Place to Start” doctrinal overview boxes, and “Reading Guide” boxes—aid student understanding and comprehension. A two-color interior breaks up text for easier reading, with judicious use of photographs, text boxes, and pedagogical diagrams. This clear and accessible casebook encourages students to engage with Property Law’s complexity, ambiguity, and nuance. New to the Third Edition: Expanded coverage of issues of race and class as they intersect with property law throughout the book. Expanded coverage of pressing social issues in property law, such as the eviction crisis and the affordable housing shortage. Edited versions of recent Supreme Court cases such as McGirt v. Oklahoma and Cedar Point Nursery v. Hassid, and updates to notes discussing contemporary property issues. Edits to chapters on estates and future interests to facilitate a range of choices about which material to cover. Benefits for instructors and students: Tightly and clearly organized, both substantively and visually, with a balance of new and classic cases Shorter page count than other Property casebooks—allowing it to focus on the core, doctrinal aspects of Property law Visual aids—including maps, diagrams, and photographs Clear identification of the majority/minority/trend status of each rule, as relevant Chapter Reviews—with concise post-case notes, multiple choice and essay questions (with answers in the Appendix), and “Bringing it Home” statutory practice (guiding students in researching their state’s statutory coverage of selected topics likely to be regulated by statute) Clearly-marked pedagogy—including “A Place to Start” boxes that present sufficient doctrinal background to free up precious class time for digging deeper into nuance and ambiguity “Reading Guide” boxes preceding cases—to guide the students in extracting contextual meaning from cases A skills exercise in each chapter—providing in-depth opportunities for students to develop skills related to the substantive material covered in the chapter A discussion problem in each chapter—providing a rich factual context to facilitate further exploration of law and policy as applied to fresh, modern contexts Post-case notes—including “Practice Pointers” asking students to re-draft ambiguous language in documents that precipitated litigation, to explore alternatives to litigation, and to advise clients on litigation strategy Notes on “The Place”—conveying background about the geographic location of the disputed property, and designed to remind students that legal disputes can be influenced by physical and human context Relevant statutory and Restatement excerpts—collected and presented in one location within the chapter (rather than scattered in snippets throughout) Periodic statutory excerpts and exercises—introducing students to the interplay of common law and statutory law “Test Your Understanding” sections—containing problems that the professor can work through during class (with answers in the teacher’s manual), or that can be left to the students for self-directed learning