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Ebook details:
عنوان: Property Law: Rules, Policies, and Practices [Casebook Connect] (Aspen Casebook)
نویسنده: Professor Joseph William Singer, Bethany R Berger, Nestor M Davidson, Eduardo Moises Penalver
ناشر: Aspen Publishers; 7 edition (March 10, 2017)
زبان: English
شابک: 1454881798, 978-1454881797
حجم: 26 Mb
فرمت: Epub + Converted Pdf

Cover Front Matter Editorial Advisors Title Page Copyright Page About Wolters Kluwer Legal & Regulatory Solutions U.S. Dedication Summary of Contents Contents Preface to the Seventh Edition A Guide to the Book How to Brief a Case and Prepare for Class Acknowledgments Part One Property in a Free and Democratic Society Chapter 1 Trespass: The Right to Exclude and Rights of Access §1 Trespass §1.1 Public Policy Limits on the Right to Exclude §1.2 Limits on the Right to Exclude from Property Open to the Public §1.3 Trespass Remedies §1.4 Hohfeldian Terminology §2 Discrimination and Access to “Places of Public Accommodation” §2.1 The Antidiscrimination Principle §2.2 Discrimination Against Persons with Disabilities §3 Free Speech Rights of Access to Public and Private Property §4 Beach Access and the Public Trust §5 The Right to Be Somewhere and the Problem of Homelessness Chapter 2 Competing Justifications for Property Rights §1 Property and Sovereignty §1.1 United States and American Indian Sovereignty §1.2 Competing Justifications for Property Rights §1.3 Past Wrongs, Present Remedies: Modern Indian Land Claims §2 Government Grant §2.1 Homestead Acts and Land Grants §2.2 Squatters §2.3 Freed Slaves §2.4 Basic Needs Fulfillment §3 Labor and Investment §3.1 Creative Labor §3.2 Commonly Owned Property: Tragedy or Comedy? §3.3 Ownership of Labor §4 Families §4.1 Child Support §4.2 Gifts and Inheritance §5 Possession §5.1 Wild Animals §5.2 Baseballs §5.3 Capture of Natural Resources §5.4 Possession and the Presumption of Title §6 Relativity of Title §6.1 Finders §6.2 Real Property §6.3 Transfer of Stolen Property §7 Property Formation in Everyday Life Part Two What Can Be Owned? Chapter 3 Intellectual and Cultural Property §1 Introduction §1.1 Intangible Property §1.2 Theories of Intellectual Property §2 Unfair Competition and Misappropriation §3 Trademark Law §4 Copyright Law §4.1 Original Works of Authorship §4.2 Fair Use §4.3 Moral Rights §5 Patent Law §5.1 Patentability §5.2 Patent Remedies §6 Publicity Rights §7 Cultural Property §7.1 The International Market in Cultural Property §7.2 Native American Cultural Property Chapter 4 Human Beings and Human Bodies §1 Property Rights in Human Beings §2 Slavery §3 Children §4 Frozen Embryos §5 Body Parts §5.1 Are Body Parts Property? §5.2 Markets in Body Parts Part Three Relations Among Neighbors Chapter 5 Adverse Possession §1 Title versus Possession §1.1 Border Disputes §1.2 Color of Title §1.3 Squatters §2 Justifications for Adverse Possession: “Roots Which We Should Not Disturb” or “Land Piracy”? §3 Prescriptive Easements §4 Other Informal Ways to Transfer Title to Real Property §4.1 The Improving Trespasser §4.2 Boundary Settlement §4.3 Dedication §4.4 Riparian Owners: Accretion and Avulsion §5 Adverse Possession of Personal Property Chapter 6 Nuisance: Resolving Conflicts Between Free Use and Quiet Enjoyment §1 Land Use Conflicts Among Neighbors §2 Nuisance §2.1 Defining Unreasonable Interference §2.2 Nuisance Remedies §2.3 Nuisance or Trespass? §3 Light and Air §4 Water Rights §4.1 Diffuse Surface Water: Flooding Problems §4.2 Ownership of Water §5 Support Rights §5.1 Lateral Support §5.2 Subjacent Support Chapter 7 Land Use and Natural Resources Regulation §1 Land Use Regulation: Origins, Authority, and Process §1.1 The Roots and Structure of Zoning §1.2 Zoning Authority and Validity §1.3 Other Land Use Regulatory Regimes §1.4 Modernizing Zoning §1.5 Patterns in Land Use Litigation §2 Constraints on Zoning Authority to Protect Preexisting Property Rights §2.1 Prior Nonconforming Uses §2.2 Vested Rights §3 Rezoning and Challenges to Zoning Classifications §4 Administrative Flexibility: Zoning Boards §4.1 Variances §4.2 Special Exceptions §5 The Problem of Exclusionary Zoning §6 Expression, Speech, and Religion in Land Use §6.1 Aesthetic Zoning, Expression, and Discretion §6.2 Restrictions on Free Speech in Land Use Regulation §6.3 Freedom of Religion and Religious Land Uses §7 Environmental Regulations and Land Use §7.1 Owner Liability for Hazardous Wastes §7.2 Environmental Impact Assessment §7.3 Climate Change and Land Use Planning: Mitigation and Adaptation §8 Natural Resources Regulation §8.1 Regulating Property in Natural Resources §8.2 Water Law Chapter 8 Servitudes: Rules Governing Contractual Restrictions on Land Use §1 Servitudes §2 Easements §2.1 Definition and Background §2.2 Creation by Express Agreement §2.3 Interpretation of Ambiguous Easements §2.4 Creation of Easements by Implication §2.5 Modifying and Terminating Easements §3 Covenants §3.1 Definition and Background §3.2 Creation of Covenants §4 Covenants in Residential Subdivisions, Condominiums, and Other Multiple Owner Developments §4.1 Implied Reciprocal Negative Servitudes in Residential Subdivisions §4.2 Common Interest Developments and Property Owners Associations §4.3 Relationship Between Unit Owners and Developers §5 Substantive Limitations on Creation and Enforcement of Covenants §5.1 Review for Reasonableness and Public Policy Violations §5.2 Constitutional Limitations §5.3 The Fair Housing Act §5.4 Restraints on Alienation §5.5 Anticompetitive Covenants §6 Modifying and Terminating Covenants §6.1 Changed Conditions §6.2 Relative Hardship §6.3 Other Equitable Defenses §6.4 Statutes Part Four Ownership in Common Chapter 9 Concurrent, Family, and Entity Property §1 Varieties of Common Ownership §2 Concurrent Tenancies §2.1 Forms of Concurrent Tenancies §2.2 Sharing Rights and Responsibilities Between Co-Owners §2.3 Partition §3 Family Property §3.1 Marital Property: Historical Background §3.2 Community Property and Separate Property §3.3 Divorce: Equitable Distribution of Property §3.4 Child Support §3.5 Unmarried Partners §4 Entity Property Chapter 10 Present Estates and Future Interests §1 Division of Ownership over Time §2 Historical Background: Death and Taxes §3 The Contemporary Estates System §3.1 Fee Simple Interests §3.2 Life Estates §4 Interpretation of Ambiguous Conveyances §4.1 Presumption Against Forfeitures and the Grantor’s Intent §4.2 Waste §4.3 Charitable Trusts and the Cy Pres Doctrine §5 Restrictions on Estates and Future Interests §5.1 Rule Against Creation of New Estates (The Numerus Clausus Doctrine) §5.2 Rule Against Unreasonable Restraints on Alienation §5.3 Rule Against Perpetuities §5.4 Rule Against Unreasonable Restraints on Marriage Chapter 11 Leaseholds §1 Leasehold Estates §1.1 Categories of Tenancies §1.2 Commercial and Residential Tenancies §1.3 Regulation of Landlord-Tenant Relationships §1.4 Distinguishing Tenancies from Other Property Relationships §1.5 The Sharing Economy in the Rental Housing Sector §2 Conflicts About Occupancy §2.1 Initial Occupancy: Landlord’s Duty to Deliver Possession §2.2 During the Leasehold §2.3 Transfers of the Landlord’s Leasehold Interest §2.4 Assigning and Subleasing §2.5 Tenant’s Right to Terminate Early §2.6 The End of the Tenancy: Landlord’s Right to Recover Possession versus Tenant’s Right to Remain §3 Conflicts About Rent §3.1 Landlord’s Remedies When Tenant Fails to Pay Rent §3.2 Landlord’s Duty to Mitigate Damages §3.3 Security Deposits §3.4 Rent Control §4 Tenant’s Rights to Quiet Enjoyment and Habitable Premises §4.1 The Covenant of Quiet Enjoyment and Constructive Eviction §4.2 Warranty of Habitability §4.3 Retaliatory Eviction §4.4 Landlord’s Tort Liability to Tenants §4.5 Minimum Standards Revisited Part Five The Legal Framework of the Market For Real Estate Chapter 12 Real Estate Transactions §1 Real Estate Transactions: Structure and Roles §1.1 Attorneys’ Transactional Roles §1.2 Phases of the Transaction §2 Purchase and Sale Agreements: Form, Formalities, and Remedies §2.1 The Terms of the Agreement §2.2 Statute of Frauds versus Part Performance and Estoppel §2.3 What Constitutes a Breach of the Contract §2.4 Remedies for Breach of the Purchase and Sale Agreement §3 Deeds §3.1 Essential Terms §3.2 Delivery §3.3 Title Covenants §4 Real Estate Finance §4.1 The Basic Structure of Real Estate Finance §4.2 Mortgage Regulation and the Subprime Crisis §4.3 Defaults and the Right to Foreclose §4.4 Foreclosure Sales §4.5 Alternative Financing Arrangements §5 The Recording System §5.1 Recording Acts §5.2 Chain of Title Problems §5.3 Equitable Subrogation §5.4 Fraud and Forgery §5.5 Marketable Title Acts and Other Ways to Clear Title §5.6 Title Companies and the Recording System §5.7 Title Registration Chapter 13 Fair Housing Law §1 Introduction to Fair Housing §1.1 Sources of Fair Housing Law §1.2 The Fair Housing Act §1.3 Advertising and the Reach of the Fair Housing Act §2 Intentional Discrimination or Disparate Treatment §2.1 Discrimination on the Basis of Race §2.2 Integration and Nondiscrimination §2.3 Sex Discrimination: Sexual Harassment §2.4 Discrimination Based on Familial Status §2.5 Discrimination Based on Sexual Orientation §2.6 Source of Income and Other Economic Discrimination §3 Disparate Impact or Discriminatory Effects Claims §3.1 HUD’s Discriminatory Effects Rule §3.2 Racially Discriminatory Effects in Land Use Regulation §4 Discrimination Against Persons with Disabilities §4.1 Reasonable Accommodations and Modifications §4.2 Integration and the Example of Group Homes for Persons with Disabilities §5 Fair Lending Part Six Constitutional Protection for Property Chapter 14 Equal Protection and Due Process §1 Property as a Mediator Between Citizens and the State: Defining versus Defending Property Rights §2 Equal Protection §3 Due Process §3.1 Procedural and Substantive Due Process §3.2 Property Regulations Burdening Fundamental Rights §3.3 Forfeiture Chapter 15 Takings Law §1 Eminent Domain §1.1 The Eminent Domain Power and the Condemnation Process §1.2 Public Use §1.3 Just Compensation §1.4 Expropriation Without “Taking” §2 An Introduction to Regulatory Takings §2.1 Historical Origins §2.2 “Categorical” Regulatory Takings and the Ad Hoc Test §2.3 Regulatory Takings and Due Process §3 The Ad Hoc Test: Fairness and Justice §3.1 The Foundation of the Ad Hoc Test §3.2 Takings Statutes §3.3 Justifying Regulatory Takings §4 “Per Se” Takings §4.1 Physical Invasions §4.2 Deprivation of All Economically Viable Use §5 Special Cases §5.1 Deprivation of Core Property Rights §5.2 Vested Rights and Transitional Relief §5.3 Judicial Takings §6 Exactions and Linkage Requirements Table of Cases Selected Statutes Index

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