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One Hundred Years of the 1925 Property
Legislation

One Hundred Years of the 1925 Property Legislation

Studies in Australian Law, Politics and History

This book lays out a roadmap for establishing common law recognition of Aboriginal customary law in Australia. Currently, Aboriginal customary law is recognised in limited circumstances through native title, which applies only to rights and interests over traditional lands or waters. This book argues that, if a carefully constructed claim is accepted by an Australian Court, Aboriginal customary law could potentially be recognised across a wide range of legal areas, including criminal law, family law, succession, environmental law, and criminal procedure. Importantly, this would also afford legal recognition to organic Indigenous governance structures. It also proposes a roadmap for establishing a hybrid equitable-constitutional fiduciary obligation that the Crown would owe Indigenous Australians. This could provide valuable protections to Indigenous rights and societies from impositions made by legislatures and executives purporting to exercise powers under the 
 Australian Constitution. Distinctive in its approach, this volume is among the first post-2020 works to explore a common law pathway for recognising and furthering the rights of Indigenous societies, governance systems, and legal frameworks, at a time when most scholarship has focused on express constitutional recognition or recognition via treaties and agreements (notably in Victoria).
 The book builds on the landmark High Court decision in 
 Love v Commonwealth 
 (2020), where the Court recognised that Aboriginal Australians, owing to their enduring connection to country, could not be considered ‘aliens’ under the 
 Constitution
 . While 
 Love 
 initially addressed alienage and constitutional protections, this work argues that its reasoning opens the door to broader common law recognition of Indigenous Australians’ rights, laws, and governance structures, beyond the scope of native title.
 Through careful legal analysis and a proposed claims framework, this book contributes to an emergent body of scholarship exploring the legal consequences of recognizing Aboriginal Australians’ enduring connection to country, offering a path toward meaningful expansion of Indigenous legal recognition in Australia, and bringing Australian law closer to the more progressive Indigenous rights doctrines of common law North America.

Strategising Opportunities for Future Indigenous Rights Test Litigation

Law, Love and Australia’s Unfinished Retreat from Terra Nullius

This edited collection investigates the religious roots of marriage and divorce in Catholic, Protestant, and Orthodox nations across Europe and shows how their laws have evolved and diverged, from 1700 through to the present day. The eighteenth century was a pivotal period for the rules governing marriage and divorce, with the authority to establish and adjudicate on them shifting from church to state. The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories evaluates these historical developments, paying particular attention to the waxing or waning influence of religious institutions, values, and norms, and asking what other proposals for reform might have been on the agenda. As Volume 1 of A History of Family Law in Europe, this book examines how, and to what extent, marriage and divorce are regulated in the written texts of Europe's various religious traditions. The contributors analyse each system's teachings on marriage formation, marital impediments, and dissolubility, including ideas on the socially binding character of those precepts. Jurisdiction-specific chapters focusing on countries across Northern, Central, Southern, and Eastern Europe explore the regulation of marriage formation and dissolution in the context of religion and other cultural influences. The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories brings together the insights of an international team of leading marriage-law scholars from across Europe, and is a significant resource for scholars of family law, legal history, and the history of religion.

The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories

A History of Family Law in Europe, Volume 1

This book explores how trial lawyers, driven by self-interest, use argumentation to shape legal and ethical ideals in society through their manipulation of language, people, and objects. It argues that by employing various persuasive styles and deceptive strategies, lawyers influence juries and affect broader legal and communal values. These individual actions, while focused on client interests, collectively contribute to significant social changes in the practice and perception of law.

Etiology, Elements, and Effects

A Natural History of Legal Argument

Literatures, Cultures, Translation

Interpreting The Amistad Trials traces the signal importance of interpreters and translators in the famous 19th-century Amistad case and discusses how race, ethnicity, slavery, and colonialism shaped this story. From the recruitment process to the various oral to sign languages that mediated linguistically in the Africans' life inside and outside the courtroom, and from evidentiary documents to fraudulent translations to credible testimonies, Jeanette Zaragoza-De León demonstrates the crucial importance of translation and interpretation in the Amistad plot and outcome. De León examines handwritten letters, pamphlets, newspapers, and judicial files, and adopts a critical race theory and postcolonial lens to analyze these materials. Although these critical interpretations and translations travelled transatlantically via Europe, Africa, the Caribbean, and the United States, De León highlights the common thread which also geographically unites Venezuela, Puerto Rico, and the Dominican Republic as part of the Amistad story. One of the most comprehensive studies of recorded events in the history of interpretation and translation in the Americas, Interpreting The Amistad Trials is a valuable resource for researchers studying coloniality, enslavement, race and ethnic studies and examining how these issues mattered then and now.

How Interpreters and Translators Make and Shape History

Interpreting the Amistad Trials

Luiz Gama V. Slavery: A Black Lawyer Fighting for Freedom and Justice in Nineteenth-Century Brazil

Gaskell and the Law

Give your loved ones peace of mind with a solid estate plan Many people put off estate planning, often because the process feels too costly or complicated. Estate Planning For Dummies walks you through the estate planning process so that you can make informed decisions, whatever your age, income, or family situation. This helpful guide cuts through the legal jargon and explains how wills, trusts, powers of attorney, healthcare directives, and other estate planning tools can work together within a complete estate plan. You'll discover common mistakes and how to avoid them, from creating a plan that cannot adapt to unexpected circumstances to overlooking assets that pass outside of your will. You'll also learn how to protect your assets, address important tax considerations, plan for incapacity, and make the administration of your estate easier for the people you leave behind. This book puts you on the right track for organizing your financial and legal plans, one clear step at a time. Inside: <ul> <li>Understand what your will should address and how it fits into your overall estate plan</li> <li>Explore living trusts and find out whether establishing one may be appropriate for your situation</li> <li>Learn how healthcare and financial powers of attorney can protect you if you become unable to manage your own affairs</li> <li>Learn smart strategies to plan for estate, gift, income, and other tax consequences and how tax planning fits into your estate planning options</li> <li>Discover how proactive planning can simplify probate proceedings and the administration of your estate</li> </ul> Whether you're just starting to think about your will or reviewing an existing estate plan, this Dummies guide helps you identify the questions to ask, understand the available tools, and work more effectively with the professionals who assist you. Your future self -- and your loved ones -- will thank you.

Estate Planning For Dummies

Modern Studies in European Law

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

This book discusses the 'theory of dematerialised property', a constructivist property theory that applies to tangible and intangible property alike. It explains the way in which this theory regards 'property' as a creation of the law, whereby the property object (res) is a normative conception brought into existence by the property rights in it, and an actual corporeal thing is merely a practical incidence of the abstract-normative idea of the property object. The discussion of dematerialised property is founded on a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different Common law and Civil law property systems. The concept of dematerialised property serves as a good theoretical basis for explaining and defining forms of tangible and particularly intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in law and in political philosophy, such as the classical theories by Grotius, Pufendorf, Locke and Hegel, and it revisits modern legal theories of property. It then deals with economic, sociological and psychological dimensions of property which are behind the legal concept of property, aspects that are generally disregarded in traditional texts on property theory.

Theories about the Nature and Concept of Property

The Laws of Property

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments.But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history.Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept.Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

This book offers the first detailed study of women's legal status in early modern Liège, an otherwise largely overlooked case in European legal history. It follows women across the course of their lives, from birth to widowhood, to show how their legal position and control over property shifted over time, depending on their social status and place within the family. Drawing on a substantial body of wills and marriage contracts from notarial practice, it moves beyond traditional sources to show how the law actually worked in everyday practice, and who took part in its creation. By bringing all these elements together, this book offers a nuanced picture of how law and gender interacted in early modern Europe.

Women's Legal Status Between Customary Law, Notarial Practice and Ius Commune (16th-17th Century)

Women and the Law in Early Modern Liège

This book investigates measures to increase diversity in the legal profession of England and Wales and the impact of equality law on what has been done, focussing on how law enables organisations lawfully to take positive or affirmative action. The book combines a qualitative interview study of lawyers, legal regulators, recruitment consultants and other civil society actors, with analysis of developments in the legal profession, in equality law and in understanding of the role of law in society. The evidence paints a puzzling picture of the law on positive action being both very little known and seen as limiting what employers do to advance equality, much as significant positive action has been taken anyway, at least in this section of the legal profession. The glimpse into legal practice revealed complex attitudes, persistent barriers to fundamental change, and, in hindsight, that the larger forces driving inequality mean that liberalizing positive action laws was never likely to make much difference. This case study therefore cautions against overestimating equality law's power to deliver change while putting forward strategies for enhancing its effectiveness. At the broadest level, the book argues for frank acknowledgment of law's limitations, a stronger focus on understanding how legal interventions function in practice before deploying them, and for the full implications of law's limits to be traced through in politics and society. The urgent need is for renewed effort to discover and build other mechanisms for addressing inequality and the many other major challenges we currently face.

Positive Action and the Limits of Law

Diversity in the Legal Profession

One Hundred Years of the 1925 Property Legislation

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