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Reappraisals in the law of property.


Reappraisals in the law of property.

Orth, John V.

Ashgate Publishing Co.


159 pages



Law, property and society


For ten years Orth (law, U. of North Carolina) wrote annual articles in the law journal Green Bag 2d on property law before he started noticing a unifying theme. More of a question, actually, he says. He has refocused and rearranged and somewhat consolidated the articles into a coherent inquiry into how a hodge-podge of ancient rules and modern conveniences that make up the American law of property came to be assembled, and how well the contraption works to serve the needs of contemporary society. He begins with cases, such as joint tenancy: accounting for continuity, leases: misled by a simile, and escheat: picking up the pieces. Then he explores driving forces, among them intention: the law of unintended consequences, fiction: pious fraud, and labels: argumentative jargon.

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Publication:Reference & Research Book News
Article Type:Brief article
Date:Nov 1, 2010
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