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The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The authors examine the economic problems which are dealt with in these cases and evaluate the courts' decisions from an economic angle.
Cases are examined from across Europe, the UK and the US to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. But the analysis of these cases shows that the discipline of law and economics is not only successful in developing explanatory models but is also a useful approach for solving legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of individual property rights cases to all those who are interested in law and economics.
Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappointed heirs claimed that their departed relative lacked the capacity required to write a valid will. These inheritance disputes criss-crossed a variety of legal and cultural terrains, including ordinary people's understandings of what constituted insanity and justice, medical experts' attempts to infuse law with science, and the independence claims of women. Pitts uncovers the contradictions in the body of law that explicitly protected free will while simultaneously reinforcing the primacy of blood in mediating claims to inherited property. By anchoring the study in local communities and the texts of elite jurists, Pitts demonstrates that 'capacity' was a term laden with legal meaning and competing communal values about family, race relations and rationality. These concepts evolved as Kentucky transitioned from a conflicted border state with slaves to a developing free-labor, industrializing economy.
Social media platforms like Facebook, Twitter, Instagram, YouTube, and Snapchat allow users to connect with one another and share information with the click of a mouse or a tap on a touchscreen-and have become vital tools for professionals in the news and strategic communication fields. But as rapidly as these services have grown in popularity, their legal ramifications aren't widely understood. To what extent do communicators put themselves at risk for defamation and privacy lawsuits when they use these tools, and what rights do communicators have when other users talk about them on social networks? How can an entity maintain control of intellectual property issues-such as posting copyrighted videos and photographs-consistent with the developing law in this area? How and when can journalists and publicists use these tools to do their jobs without endangering their employers or clients? Including two new chapters that examine First Amendment issues and ownership of social media accounts and content, Social Media and the Law brings together thirteen media law scholars to address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and live streaming. Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation-and this guidebook is here to help them navigate the tricky legal terrain of social media.
When done correctly, real estate investment is exciting, rewarding and lucrative - in any economy. Everything that I have achieved so far has not happened by accident. I came from a working class background yet still made a success in property investment; turning a 5k overdraft into over 15m in assets, with over half a million in rental income annually. If you have a dream or are yet to dream, then join me as I narrate my journey. Discover the challenges I faced, the lessons I learned and the obstacles I overcame - as I reveal how anyone can change their current reality, for the better, through successful property investment!
In this book Franz Wieacker tells how legal thinking, writing and teaching started in Europe and how it developed. He begins in the High Middle Ages and describes how the Glossators laid down the foundations by applying methodical criticism and exegesis to the Digest of Justinian. As Reinhard Zimmermann's foreword shows, Wieacker's way of telling the history of European legal thought from its origins in medieval Bologna down to the present day and of elucidating the intellectual conditions for its development is a stunning achievement. One of the great strengths of the book lies in its demonstration of the constant interaction between the thinking of lawyers and the general philosophical ideas of their time: between Scholasticism and medieval legal science, between the enlightenment and the Law of Reason, between Classicism (and Romanticism) and Savigny's Historical School of Law. It is hardly surprising that so ambitious and erudite a work should have become a classic since 1952, when it was first published in German. Now Tony Weir's brilliant translation makes the seond and final edition accessible to English-speaking scholars the world over.
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