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Unjust Enrichment
  • Language: en
  • Pages: 195

Unjust Enrichment

  • Categories: Law

A sophisticated comparative analysis of the doctrine of unjust enrichment.

The Law and Ethics of Restitution
  • Language: en
  • Pages: 374

The Law and Ethics of Restitution

Dagan's 2004 book provides a dynamic account of the American law of restitution. The book reviews the existing doctrine, using an ethical perspective to expose and examine critically the normative underpinnings of the core categories of restitution. Dagan also discusses some of the most controversial issues in the area, such as cohabitation, improper tax payments, and the role of constructive trusts as trumps in bankruptcy. He further tackles the recent restitution claims of slave laborers (or their descendants) against corporations that benefited from their enslavements, and of governmental bodies against injurious industries. Dagan argues that the concept of unjust enrichment is not an independent reason for restitution but, rather, serves as a loose framework. By integrating doctrinal and ethical analyses of restitution across the spectrum of restitution contexts, the author offers significant and provocative insights on existing law as well as possible reforms.

The Choice Theory of Contracts
  • Language: en
  • Pages: 188

The Choice Theory of Contracts

  • Categories: Law

The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Property
  • Language: en
  • Pages: 311

Property

  • Categories: Law

Property law and property theory have become a thriving industry in the legal academy rendering some exciting conceptual and normative challenges. In Property: Values and Institutions, Hanoch Dagan covers numerous property issues to provide a liberal theory of property. He analyzes the interactions between landowners and governments (both eminent domain and regulatory takings) and those regulating the governance of property owned by multiple individuals (such as co-ownership, marital property, and the law of common interest communities). Two additional features of this book are the emphasis on groups and the attempt to look at property law from a broad institutional perspective to show that ...

Reconstructing American Legal Realism & Rethinking Private Law Theory
  • Language: en
  • Pages: 236

Reconstructing American Legal Realism & Rethinking Private Law Theory

  • Categories: Law

This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

Properties of Property
  • Language: en
  • Pages: 450

Properties of Property

  • Categories: Law

Le site d'éditeur indique : "Broadly interdisciplinary, Properties of Property provides an overview of cutting-edge work from leading legal scholars as well as important non-legal scholars. The text is designed for an international audience, particularly teachers, scholars, and students throughout Europe, the British Commonwealth, and China. Properties of Property is perfectly suited for courses and seminars in other departments, from history to urban planning, both at the graduate and undergraduate level. It is a must for any law school library, even if no seminar on property theory is offered, because it appeals to law school students as well as scholars and graduate students interested in property. A Teacher's Guide provides different ways the authors have organized property theory seminars using the book; suggestions for using the book as a companion to a property casebook; and discussion of questions that are posed in the Notes."

Property and the Public Domain
  • Language: en

Property and the Public Domain

  • Type: Book
  • -
  • Published: 2005
  • -
  • Publisher: Unknown

None

Institutionalizing Rights and Religion
  • Language: en

Institutionalizing Rights and Religion

  • Categories: Law

Modern statesmen and political theorists have long struggled to design institutions that will simultaneously respect individual freedom of religion, nurture religion's capacity to be a force for civic good and human rights, and tame religion's illiberal tendencies. Moving past the usual focus on personal free expression of religion, this illuminating book - written by renowned scholars of law and religion from the United States, England, and Israel - considers how the institutional design of both religions and political regimes influences the relationship between religious practice and activity and human rights. The authors examine how the organization of religious communities affects human rights, and investigate the scope of a just state's authority with respect to organized religion in the name of human rights. They explore the institutional challenges posed by, and possible responses to, the fraught relationship between religion and rights in the world today.

Restitution in Bankruptcy
  • Language: en

Restitution in Bankruptcy

  • Type: Book
  • -
  • Published: 2005
  • -
  • Publisher: Unknown

None

Philosophical Foundations of Fiduciary Law
  • Language: en
  • Pages: 450

Philosophical Foundations of Fiduciary Law

  • Categories: Law
  • Type: Book
  • -
  • Published: 2014-08-14
  • -
  • Publisher: OUP Oxford

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between pr...