
The Oxford Introductions to U.S. Law Property
by Merrill, Thomas W.; Smith, Henry E.-
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Summary
Author Biography
Thomas W. Merrill is a professor of law at Columbia Law School, where he teaches in the areas of property, environmental law, natural resources, administrative law, and legislation. After graduating from Grinnell College and Oxford University, he received his J.D. from the University of Chicago, and then clerked for the Hon. David Bazelon, U.S. Court of Appeals for the D.C. Circuit, and the Hon. Harry Blackmun, U.S. Supreme Court. From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. He began his academic career at the Northwestern University School of Law and has also taught at the Yale Law School. His publications include Property: Principles and Policies (with Henry E. Smith, Foundation 2007), and Property: Takings (with David Dana, Foundation 2002). He is, in addition, the author of more than 75 academic articles on property, environmental law, administrative law, constitutional law, and the Supreme Court.
Henry E. Smith is a professor of law at Harvard Law School, where he directs the Project on the Foundations of Private Law and teaches in the areas of property, intellectual property, natural resources, remedies, and taxation. After receiving an A.B. from Harvard, a Ph.D. in Linguistics from Stanford, and a J.D. from Yale, he clerked for the Hon. Ralph K. Winter, U.S. Court of Appeals for the Second Circuit, taught at the Northwestern University School of Law, and was the Fred A. Johnston Professor of Property and Environmental Law at Yale Law School. He has written primarily on the law and economics of property and intellectual property. His publications include Property: Principles and Policies (with Thomas W. Merrill, Foundation 2007), The Privilege Against Self-Incrimination: Its Origins and Development (with R.H. Helmholz et al., Chicago 1997); Restrictiveness in Case Theory (Cambridge studies in linguistics no. 78, 1996). He is the co-editor of the Research Handbook on the Economics of Property Law (with Kenneth Ayotte, forthcoming 2009).
Table of Contents
The Institution of Property | p. 1 |
Exclusion and the Bundle of Rights | p. 4 |
The Thing's the Thing | p. 8 |
General Justifications, General Concerns | p. 11 |
Further Reading | p. 16 |
Original Acquisition and the Scope of Property Claims | p. 17 |
First Possession | p. 18 |
Discovery and Creation | p. 23 |
Accession | p. 30 |
Adverse Possession | p. 34 |
Sequential Possession, Finders, and the Relativity of Title | p. 38 |
The Mosaic of Acquisition Principles | p. 40 |
Further Reading | p. 40 |
The Domain of Property | p. 43 |
The Demsetz Theory | p. 43 |
Personhood | p. 51 |
Inherently Public Property | p. 55 |
Hybrid Resources | p. 59 |
Further Reading | p. 63 |
Owners as Gatekeepers | p. 65 |
Laws for Owner Protection | p. 66 |
Self-Help | p. 71 |
Exceptions to the Right to Exclude | p. 74 |
Necessity | p. 75 |
Custom | p. 76 |
Public Accommodation Laws | p. 79 |
Antidiscrimination Laws | p. 81 |
Owner Powers | p. 84 |
Licenses | p. 85 |
Bailments | p. 87 |
Abandonment and Destruction | p. 89 |
Transfer by Sale, Gift, and Inheritance | p. 91 |
Further Reading | p. 94 |
Dividing Property Rights | p. 95 |
Estates and Future Interests | p. 95 |
How the System Works | p. 104 |
Co-Ownership | p. 113 |
Marital Interests | p. 118 |
Further Reading | p. 122 |
Managing Property | p. 123 |
Why Separate Management Authority from Other Incidents of Ownership? | p. 125 |
Leasing | p. 129 |
Property and Contract | p. 131 |
Models of the Lease Contract | p. 135 |
Implied Warranty of Habitability | p. 138 |
Transferring Leasehold Interests | p. 143 |
Common Interest Communities | p. 146 |
Trusts | p. 153 |
Further Reading | p. 157 |
Land Transactions and Title Records | p. 159 |
Land Sale Contracts | p. 159 |
Title Records | p. 166 |
Mortgages | p. 176 |
Further Reading | p. 181 |
Neighbors and Neighborhood Effects | p. 183 |
The Coase Theorem | p. 185 |
Tort Liability: Nuisance | p. 192 |
Modification of Property Rights: Easements | p. 200 |
Contract: Covenants Running with the Land | p. 207 |
Public Regulation: Zoning | p. 215 |
Further Reading | p. 221 |
Government Forbearance | p. 223 |
The General Form of the Problem | p. 224 |
Sources of Forbearance | p. 229 |
The Rule of Law | p. 233 |
Procedural Due Process | p. 233 |
Vested Rights | p. 236 |
Stare Decisis | p. 238 |
Waivers of Sovereign Immunity | p. 239 |
Explicit Takings | p. 241 |
Public Use | p. 242 |
Just Compensation | p. 248 |
Regulatory Takings | p. 251 |
Further Reading | p. 258 |
Index | p. 259 |
Table of Contents provided by Ingram. All Rights Reserved. |
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