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American Law Reports. Fifth SeriesABAA

ALR 5th. 2006 Supplements only for volumes 1 to 125

Elias GbolahanABAA

Explaining Constructive Trusts

2002324012002. ISBN-13: 9781584772088; ISBN-10: 1584772085. Elias Gbolahan. Explaining Constructive Trusts. Originally published: Oxford: Clarendon Press; Oxford University Press 1990. xxii 177 pp. Reprinted 2002 by The Lawbook Exchange Ltd. ISBN-13: 9781584772088; ISBN-10: 1584772085. Smythe sewn russet cloth bound hardcover. New. $25. Concerned with "rationalizing the rules" Preface p. v of constructive trusts this reappraisal of the English law of trusts discounts two major existing theses regarding the rules first that based on the North American experience they should be considered as instruments of restitution; and second that they are disorganized and advances Elias' new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: 1 making disponors abide by their dispositions.2 making those who gain through loss to others give the gains up to those others.3 making those who inflict losses on others repair those losses." Preface p. v. Revision of the author's Ph.D. thesis at Oxford University. Prof. Lionel Smith a distinguished international expert in the law of trusts applauds this work: "Elias' book Explaining Constructive Trusts marks an important landmark in the development of this legal institution. Elias explained and ultimately rejected two extreme ways of understanding the constructive trust. On the one hand is the thesis still widely accepted in North America that all constructive trusts arise to prevent unjust enrichment. On the other hand is the traditional view still popular in England that constructive trusts respond to such a wide range of situations that it is impossible to classify them in any meaningful way in terms of their causative events. Elias developed an intermediate thesis in which the known constructive trusts could be grouped into coherent but differentiated categories. Some do indeed arise to prevent unjust enrichment; but others arise to perfect a party's intention in relation to the disposition of his assets; and still other cases in which the language of constructive trust have been used are actually cases of compensation for loss wrongfully caused. Much of the subsequent work on understanding constructive trusts has been built on these foundations. unknown books

The Lawbook Exchange Ltd · États-Unis25,00 $US≈ 21,15 €

Hutchinson Dennis J.; David J. GarrowABAA

The Forgotten Memoir of John Knox. Hardcover. New

2002346402002. ISBN-13: 978-0226448626; ISBN-10: 0226448622. Hutchinson Dennis J. and David J. Garrow. The Forgotten Memoir of John Knox. Chicago: The University of Chicago Press 2002. xxii 288 pp. Eight pages of plates. Cloth hardcover in dust jacket. ISBN-13: 978-0226448626; ISBN-10: 0226448622. New. Publisher's Price USD 35. Special $25. "My name will survive as long as man survives because I am writing the greatest diary that has ever been written. I intend to surpass Pepys as a diarist." When John Frush Knox 1907-1997 wrote these words he was in the middle of law school and his attempt at surpassing Pepys-part scrapbook part social commentary and part recollection-had already reached 750 pages. His efforts as a chronicler might have landed in a family attic had he not secured an eminent position after graduation as law clerk to Justice James C. McReynolds-arguably one of the most disagreeable justices to sit on the Supreme Court-during the tumultuous year when President Franklin D. Roosevelt tried to "pack" the Court with justices who would approve his New Deal agenda. Knox's memoir instead emerges as a record of one of the most fascinating periods in American history. The Forgotten Memoir of John Knox-edited by Dennis J. Hutchinson and David J. Garrow-offers a candid at times naive insider's view of the showdown between Roosevelt and the Court that took place in 1937. At the same time it marvelously portrays a Washington culture now long gone. Although the new Supreme Court building had been open for a year by the time Knox joined McReynolds' staff most of the justices continued to work from their homes each supported by a small staff. Knox the epitome of the overzealous and officious young man after landing what he believes to be a dream position continually fears for his job under the notoriously rude and nakedly racist justice. But he soon develops close relationships with the justice's two black servants: Harry Parker the messenger who does "everything but breathe" for the justice and Mary Diggs the maid and cook. Together they plot and sidestep around their employer's idiosyncrasies to keep the household running while history is made in the Court. A substantial foreword by Dennis Hutchinson and David Garrow sets the stage and a gallery of period photos of Knox McReynolds and other figures of the time gives life to this engaging account unknown books

The Lawbook Exchange Ltd · États-Unis25,00 $US≈ 21,15 €

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