This book contains materials regarding intersections of property law with civil and human rights claims in the United States and internationally. The chapters cover The Nature of Property, The Development of Civil Rights Principles in the U.S., International Human Rights Law, and Human Rights in the U.S. Roisman addresses homelessness, expropriation, and discrimination on the bases of race, sex, sexual orientation, disability, and other characteristics. Among the recent cases presented are the U.S. Supreme Court's 2004 decision rejecting a claimed property interest in the recognition of a protective order, a South African case enforcing a right to housing, a 2003 Maryland decision assessing the need for just cause for eviction in Low Income Housing Tax Credit developments, a 2002 9th Circuit opinion regarding disability discrimination, and the Michigan Supreme Court decision overturning Poletown. A teacher's manual will detail suggested ways of presenting these materials in the property course.

This text contains an introduction to the provisions of the Human Rights Act 1998 and an explanation of the Convention jurisprudence. It provides a detailed analysis of Article 1, Protocol No.1, and Articles 6, 8 and 14, all of which are likely to have an impact on English property law. The relevant case law of the Strasbourg institutions (the European Court of Human Rights and the Commission) is considered in depth and case summaries of the most important property-related cases are provided in an appendix. The book considers the impact of the Human Rights Act on specific aspects of English property law and considers how some areas appear vulnerable to challenge under the Act. The book should be of use to both practitioners and academics by providing a comprehensive and easy-to-read guide to the impact of the Human Rights Act on property law.

This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

In Human Rights and The Transformation of Property, leading human rights lawyer Stuart Wilson develops a novel theory of how law leads to social change and what the prospects are for South Africa's Constitution to shape a more just distribution of property. Wilson questions long-held beliefs about the nature of land reform and the appropriateness of the concept of ownership as a way of organising access to land and property in South Africa. The book gives an overview of key aspects of constitutional and common law property rights - including the rights of ownership, possession and eviction; the rights associated with leases and mortgages; the National Credit Act; and the PIE Act - and discusses how they interact. It shows how recent developments in the law of eviction, rental housing, mortgage and consumer credit have opened up new spaces in which unlawful occupiers, tenants and debtors are challenging the power of landlords and financial institutions to dispossess them. By triggering a radical restructuring of property law, Wilson argues, the Constitution may yet keep the promise of a South Africa that belongs to all who live in it. Human Rights and The Transformation of Property offers the most up-to-date critical account of recent developments in residential lease law, mortgage bond law and eviction law, and provides a policy rationale for these developments. It will be a valuable teaching text for law students and a reference guide for law and humanities academics, legal practitioners, NGOs and activists.

In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.

. . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.