Property On Trial

Co-Published with the Osgoode Society for Canadian Legal History Property on Trial is a collection of 14 studies of Canadian property law disputes -- some well-known, some more obscure -- that have helped to shape the contours of the principles and rules of property law over 150 years. These studies, written by some of Canada's leading legal historians, range in time from a discussion of a nineteenth-century dispute over the ownership of seal pelts in Newfoundland to modern questions of what constitutes private property in a digital age. They investigate the relationship between private and public interests in property; the limits of private property owners' rights in relation to others, particularly neighbours and family; and the intersection of property law principles with other branches of the law, including criminal law, family law, and human rights. The authors describe, in rich detail, the social, cultural, and political contexts in which the events unfolded, the backgrounds and personalities of the litigants, the skills of the lawyers, and the judicial attitudes of the day. On the one hand, Property on Trial is a collection of thoughtful and compelling stories about conflict in a wide variety of contexts, each with its own heroines and heroes, villains and ne'er-do-wells, winners and losers. On the other, it is an insightful look at the history of property law doctrine in Canada.

In 1925 Leonard Rhinelander, the youngest son of a wealthy New York society family, sued to end his marriage to Alice Jones, a former domestic servant and the daughter of a "colored" cabman. After being married only one month, Rhinelander pressed for the dissolution of his marriage on the grounds that his wife had lied to him about her racial background. The subsequent marital annulment trial became a massive public spectacle, not only in New York but across the nation--despite the fact that the state had never outlawed interracial marriage. Elizabeth Smith-Pryor makes extensive use of trial transcripts, in addition to contemporary newspaper coverage and archival sources, to explore why Leonard Rhinelander was allowed his day in court. She moves fluidly between legal history, a day-by-day narrative of the trial itself, and analyses of the trial's place in the culture of the 1920s North to show how notions of race, property, and the law were--and are--inextricably intertwined.

Reprint of the original, first published in 1880.

PLEASE NOTE: This title is currently available only in looseleaf format. The materials in this book are highly accessible to students, presented in a straightforward but intellectually rigorous manner. There are a large number of contemporary cases, although the classics have been retained. The Questions following the cases (which number more than in most Property books) provide a guide for instructors on teaching each case, while still allowing sophisticated discussions of doctrine and policy. An extremely thorough and detailed Teacher's Manual is also available. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Annotation A sophisticated and groundbreaking book on what women actually did and what actually happened to them during the French Revolution.

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Property: Cases and Materials features sweeping coverage in a single volume, from “old property” (such as the basics of estates in land and servitudes) to “new property,” including intellectual property, cultural property, and property in living things. The text provokes debate on fundamental questions such as the creation of property, information as property, collective vs. individual rights, and property as related to other bodies of law. Its coverage of intellectual property shows how the law grows and responds to social and technological change. Designed for flexibility, stand-alone chapters can be omitted if time constraints require. Property: Cases and Materials includes appellate decisions, statutes, regulations, administrative decisions, law review articles, and non-legal materials. Principal cases include Elvis Presley International Memorial Foundation v. Crowell, Popov v. Hayashi (Barry Bonds home run ball); People v. Chubbs (software for DNA matching), and Dred Scott v. Sandford. Key Features: Updated with more recent cases, including more cases from the twenty-first century than any other major property casebook. Improved coverage of natural resources law and intellectual property. Thorough update of all existing materials.