The Oxford Introductions to U.S. Law Property

by ;
Format: Paperback
Pub. Date: 2010-04-21
Publisher(s): Oxford University Press
  • Free Shipping Icon

    This Item Qualifies for Free Shipping!*

    *Excludes marketplace orders.

  • Buyback Icon We Buy This Book Back!
    In-Store Credit: $7.88
    Check/Direct Deposit: $7.50
    PayPal: $7.50
List Price: $31.35

Buy New

Arriving Soon. Will ship when available.
$29.86

Buy Used

In stock
$22.40

Rent Textbook

Select for Price
There was a problem. Please try again later.

Rent Digital

Rent Digital Options
Online:180 Days access
Downloadable:180 Days
$12.99
Online:365 Days access
Downloadable:365 Days
$14.70
Online:1460 Days access
Downloadable:Lifetime Access
$19.59
$15.59

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.

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 Propertyp. 1
Exclusion and the Bundle of Rightsp. 4
The Thing's the Thingp. 8
General Justifications, General Concernsp. 11
Further Readingp. 16
Original Acquisition and the Scope of Property Claimsp. 17
First Possessionp. 18
Discovery and Creationp. 23
Accessionp. 30
Adverse Possessionp. 34
Sequential Possession, Finders, and the Relativity of Titlep. 38
The Mosaic of Acquisition Principlesp. 40
Further Readingp. 40
The Domain of Propertyp. 43
The Demsetz Theoryp. 43
Personhoodp. 51
Inherently Public Propertyp. 55
Hybrid Resourcesp. 59
Further Readingp. 63
Owners as Gatekeepersp. 65
Laws for Owner Protectionp. 66
Self-Helpp. 71
Exceptions to the Right to Excludep. 74
Necessityp. 75
Customp. 76
Public Accommodation Lawsp. 79
Antidiscrimination Lawsp. 81
Owner Powersp. 84
Licensesp. 85
Bailmentsp. 87
Abandonment and Destructionp. 89
Transfer by Sale, Gift, and Inheritancep. 91
Further Readingp. 94
Dividing Property Rightsp. 95
Estates and Future Interestsp. 95
How the System Worksp. 104
Co-Ownershipp. 113
Marital Interestsp. 118
Further Readingp. 122
Managing Propertyp. 123
Why Separate Management Authority from Other Incidents of Ownership?p. 125
Leasingp. 129
Property and Contractp. 131
Models of the Lease Contractp. 135
Implied Warranty of Habitabilityp. 138
Transferring Leasehold Interestsp. 143
Common Interest Communitiesp. 146
Trustsp. 153
Further Readingp. 157
Land Transactions and Title Recordsp. 159
Land Sale Contractsp. 159
Title Recordsp. 166
Mortgagesp. 176
Further Readingp. 181
Neighbors and Neighborhood Effectsp. 183
The Coase Theoremp. 185
Tort Liability: Nuisancep. 192
Modification of Property Rights: Easementsp. 200
Contract: Covenants Running with the Landp. 207
Public Regulation: Zoningp. 215
Further Readingp. 221
Government Forbearancep. 223
The General Form of the Problemp. 224
Sources of Forbearancep. 229
The Rule of Lawp. 233
Procedural Due Processp. 233
Vested Rightsp. 236
Stare Decisisp. 238
Waivers of Sovereign Immunityp. 239
Explicit Takingsp. 241
Public Usep. 242
Just Compensationp. 248
Regulatory Takingsp. 251
Further Readingp. 258
Indexp. 259
Table of Contents provided by Ingram. All Rights Reserved.

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.