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Gangs --- Organized crime --- Injunctions --- Nuisances --- Adjoining landowners --- Self-help (Law) --- Torts --- Law and legislation

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Drawing on an analysis of numerous cases, the author argues that the "irreparable injury" rule is defunct, since it no longer constrains a court's choice of remedy. He proposes new injury rules based on actual practice.

Equitable remedies --- Equity --- Injunctions --- Remedies (Law) --- Specific performance --- Performance, Specific --- Contracts --- Performance (Law) --- Tort and negligence --- United States --- United States of America --- Specific performances

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The starting point for this project on the »Basic Questions of Tort Law« was the book written by Helmut Koziol, the »Basic Questions of Tort Law from a Germanic Perspective« (Sramek Verlag, 2012), a volume which presented an introduction into the law of torts from a Germanic perspective. Colleagues from seven countries were then invited to give critical responses to the ideas presented in the 2012 volume. The comparative law conclusions then attempt to pick up on the ideas expressed in the legal systems examined and to make them amenable for debate on the further development of the legal systems and their harmonisation.

Torts --- Tort law, damages, contract law, comparative law, unjust enrichment, criminal law, insurance law, social security law, injunctions, economic analysis, prescription, basic questions, aims of tort law. --- Schadenersatzrecht, Vertragsrecht, Rechtsvergleichung, Bereicherungsrecht, Strafrecht, Versicherungsrecht, Sozialversicherungsrecht, einstweilige Verfügungen, ökonomische Analysen, Verjährung, Grundfragen, Prinzipien des Schadenersatzrechts

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This book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-known statement by the Justices of the US Supreme Court expressed in the famous Grupo Mexicano case, according to which the “age of slow-moving capital and comparatively immobile wealth” has now passed, and the 21st century requires a fresh look at the law of provisional measures. In the quest to find a model for interim relief, the Mareva Injunction, subsequently renamed the ‘Freezing Order’ in the English Civil Procedural Rules, is used as the benchmark to which each of the targeted systems discussed here is compared. This is because international scholarship, as well as e.g. the US Supreme Court, generally consider the Mareva Injunction to be the most effective and farthest-reaching provisional remedy. The analysis suggests that the Mareva Injunction / Freezing Order represents the type of relief that will most likely continue to dominate as the most efficient and farthest-reaching interim measure in the years to come.

Injunctions --- Interlocutory decisions --- Debtor and creditor --- Interlocutory decrees --- Interlocutory judgments --- Interlocutory orders --- Judgments --- Commercial law. --- Private International Law, International & Foreign Law, Comparative Law . --- Business Law. --- European Law. --- International Economic Law, Trade Law. --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law --- Law merchant --- Maritime law --- Law and legislation --- Private international law. --- Conflict of laws. --- Law—Europe. --- International law. --- Trade. --- Law of nations --- Nations, Law of --- Public international law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law --- Comparative law. --- Trade regulation. --- Private International Law, International and Foreign Law, Comparative Law. --- Regulation of trade --- Regulatory reform --- Trade regulation --- Commercial law --- Consumer protection --- Deregulation --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Europe.

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Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.

Possessiveness. --- Property --- Acquisition of property. --- Things (Law) --- Possession (Law) --- Right of property. --- Property. --- Psychological aspects. --- Discrimination. --- Fair Housing Act. --- Lockean labor theory. --- Ownership. --- Possession. --- Preferences. --- Prejudice. --- Remedies. --- Schemas. --- Stereotype. --- Taxes. --- adaptation. --- adverse possession. --- anchoring. --- applied psychology. --- bailments. --- bankruptcy exemptions. --- behavioral law and economics. --- bounded rationality. --- bundle of rights. --- cognitive biases. --- cultural differences. --- debiasing. --- deception. --- dictator game. --- disparate impact. --- dual agency. --- eminent domain. --- endowment effect. --- expropriation. --- externalities. --- fair housing. --- family property. --- first possession. --- groupthink. --- homelessness. --- homes. --- homestead exemptions. --- identifiability effect. --- identity. --- implicit bias. --- in-kind redress. --- inequity aversion. --- injunctions. --- just compensation. --- legitimacy. --- liability rules. --- long-term tenants. --- mere ownership effect. --- monetary compensation. --- motivated reasoning. --- neighborhood associations. --- nudges. --- omission bias. --- optimism bias. --- overoptimism. --- ownership. --- participatory democracy. --- personal property. --- personhood theory. --- property rights. --- property rules. --- psychology-informed property law. --- quick take. --- redistribution. --- remedies. --- reparcellation. --- resource theory. --- self- help. --- self-serving bias. --- social norms. --- source dependence. --- sunk costs. --- takings. --- tenancy by the entirety. --- theories of private property. --- trespass. --- ultimatum game. --- undercompensation. --- well-being.