With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.

Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.

This fourth edition follows the format of previous editions, but is updated to take into account significant new cases and legislation, including the Trusts of Land and the Appointment of Trustees Act 1996 and the Trustee Delegation Act 1999. It also deals in depth with the Trustee Bill 2000.

The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Detailed, thorough and authoritative new edition of Moffat's Trusts Law.

A detailed look at the role of social responsibility in finance and investing The concept of socially responsible finance and investing continues to grow, especially in the wake of one of the most devastating financial crises in history. This includes responsibility from the corporate side (corporate social responsibility) as well as the investor side (socially responsible investing) of the capital markets. Filled with in-depth insights and practical advice, Socially Responsible Finance and Investing offers an important basis of knowledge regarding both the theory and practice of this ever-evolving area of finance. As part of the Robert W. Kolb Series in Finance, this book showcases contributed chapters from professionals and academics with extensive expertise on this particular subject. It provides a comprehensive view of socially responsible foundations and their applications to finance and investing as determined by the current state of research. Discusses many important issues associated with socially responsible finance and investing, like moral hazard and the concept of "too big to fail" Contains contributed chapters from numerous thought-leaders in the field of finance Presents comprehensive coverage starting with the basics and bringing you through to cutting-edge, current theory and practice Now more than ever, we need to be mindful of the social responsibilities of all investment practices. The recent financial crisis and recession has changed the financial landscape for years to come and Socially Responsible Finance and Investing is a timely guide to help us navigate this difficult terrain.

Seventeenth-century New Englanders were not as busy policing their neighbors’ behavior as Nathaniel Hawthorne or many historians of early America would have us believe. Keeping their own households in line occupied too much of their time. Under Household Government reveals the extent to which family members took on the role of watchdog in matters of sexual indiscretion. In a society where one’s sister’s husband’s brother’s wife was referred to as “sister,” kinship networks could be immense. When out-of-wedlock pregnancies, paternity suits, and infidelity resulted in legal cases, courtrooms became battlegrounds for warring clans. Families flooded the courts with testimony, sometimes resorting to slander and jury-tampering to defend their kin. Even slaves merited defense as household members—and as valuable property. Servants, on the other hand, could expect to be cast out and left to fend for themselves. As she elaborates the ways family policing undermined the administration of justice, M. Michelle Jarrett Morris shows how ordinary colonists understood sexual, marital, and familial relationships. Long-buried tales are resurrected here, such as that of Thomas Wilkinson’s (unsuccessful) attempt to exchange cheese for sex with Mary Toothaker, and the discovery of a headless baby along the shore of Boston’s Mill Pond. The Puritans that we meet in Morris’s account are not the cardboard caricatures of myth, but are rendered with both skill and sensitivity. Their stories of love, sex, and betrayal allow us to understand anew the depth and complexity of family life in early New England.

Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.

This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.