Fault Lines in Equity


Book Description

Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.




Fault Lines


Book Description

From an economist who warned of the global financial crisis, a new warning about the continuing peril to the world economy Raghuram Rajan was one of the few economists who warned of the global financial crisis before it hit. Now, as the world struggles to recover, it's tempting to blame what happened on just a few greedy bankers who took irrational risks and left the rest of us to foot the bill. In Fault Lines, Rajan argues that serious flaws in the economy are also to blame, and warns that a potentially more devastating crisis awaits us if they aren't fixed. Rajan shows how the individual choices that collectively brought about the economic meltdown—made by bankers, government officials, and ordinary homeowners—were rational responses to a flawed global financial order in which the incentives to take on risk are incredibly out of step with the dangers those risks pose. He traces the deepening fault lines in a world overly dependent on the indebted American consumer to power global economic growth and stave off global downturns. He exposes a system where America's growing inequality and thin social safety net create tremendous political pressure to encourage easy credit and keep job creation robust, no matter what the consequences to the economy's long-term health; and where the U.S. financial sector, with its skewed incentives, is the critical but unstable link between an overstimulated America and an underconsuming world. In Fault Lines, Rajan demonstrates how unequal access to education and health care in the United States puts us all in deeper financial peril, even as the economic choices of countries like Germany, Japan, and China place an undue burden on America to get its policies right. He outlines the hard choices we need to make to ensure a more stable world economy and restore lasting prosperity.




Fault Lines: A History of the United States Since 1974


Book Description

"A gripping and troubling account of the origins of our turbulent times.” —Jill Lepore, author of These Truths: A History of the United States When—and how—did America become so polarized? In this masterful history, leading historians Kevin M. Kruse and Julian E. Zelizer uncover the origins of our current moment. It all starts in 1974 with the Watergate crisis, the OPEC oil embargo, desegregation busing riots in Boston, and the wind-down of the Vietnam War. What follows is the story of our own lifetimes. It is the story of ever-widening historical fault lines over economic inequality, race, gender, and sexual norms firing up a polarized political landscape. It is also the story of profound transformations of the media and our political system fueling the fire. Kruse and Zelizer’s Fault Lines is a master class in national divisions nearly five decades in the making.




Borderlines in Private Law


Book Description

Mapmaking analogies are a longstanding hallmark of private law scholarship, but the boundaries between subject areas are not always neat and tidy. Can lines be drawn between property and obligations, or common law and equity? Should tort and unjust enrichment be subordinate to the law of contract? Should equity enforce agreements that contract does not? Are equitable wrongs meaningfully different from torts? Where do these borders sit, and what does one do with areas that intersect? In this collection of essays, several of the UK's leading academic lawyers discuss these borderlines and intersections. Covering five broad topics—contract, tort, unjust enrichment, property, and equity—the contributors take varied approaches. Some argue for distinct categories and the careful maintenance of borders, while others celebrate cross-border exchanges, or say that any attempt to draw and maintain borders is a futile endeavour. In addition to the contributions from academic lawyers, the book contains responses from senior members of the UK judiciary, including Lord Sales and Lady Carr, offering their perspectives on these debates, and advice on how to structure, order, and understand private law in the context of real-world disputes. With an esteemed group of contributors, Borderlines in Private Law is at the cutting edge of modern private law scholarship, providing invaluable discussion on the interactions between contract, tort, equity, unjust enrichment, and property law.




Defences in Equity


Book Description

This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.




The Deconstruction of Equity


Book Description

New investment techniques and new types of shareholder activists are shaking up the traditional ways of equity investment that inform current corporate law and governance. This book evaluates different risk-decoupling strategies and makes the case for regulatory intervention, developing a comprehensive proposal to address the regulatory problem.




Equity & Trusts: Text, Cases, and Materials


Book Description

A complete guide to equity and trusts in a single volume, with clear author introductions and analyses of the law while the extracts from cases and materials promote the development of essential case reading skills and allow for detailed appreciation of the practical workings of the law and the best of legal scholarship.




The Future of the 'Minimum Equity' and the Appropriate 'Fault Line' in Promissory and Proprietary Estoppel


Book Description

This article considers the proper measure of relief in promissory and proprietary estoppel. It is observed that clear guidance is lacking. The author argues that because it is not possible to treat uniformly the loss of a house in a domestic or family situation and a multi million dollar failed bond deal, a distinction, for purposes of determining appropriate relief, could be drawn between cases of a purely domestic nature and those that are self-evidently commercial.




Todd & Watt's Cases and Materials on Equity and Trusts


Book Description

This revised and updated text contains a range of relevant, interesting case law, statutory material, academic extracts and official proposals for law reform. A companion web site featuring web links and case updates ensures students have access to the latest materials.




Fault Lines


Book Description

The Ground Is Moving The death of George Floyd at the hands of police in the summer of 2020 shocked the nation. As riots rocked American cities, Christians affirmed from the pulpit and in social media that “black lives matter” and that racial justice “is a gospel issue.” But what if there is more to the social justice movement than those Christians understand? Even worse: What if they’ve been duped into preaching ideas that actually oppose the Kingdom of God? In this powerful book, Voddie Baucham, a preacher, professor, and cultural apologist, explains the sinister worldview behind the social justice movement and Critical Race Theory—revealing how it already has infiltrated some seminaries, leading to internal denominational conflict, canceled careers, and lost livelihoods. Like a fault line, it threatens American culture in general—and the evangelical church in particular. Whether you’re a layperson who has woken up in a strange new world and wonders how to engage sensitively and effectively in the conversation on race or a pastor who is grappling with a polarized congregation, this book offers the clarity and understanding to either hold your ground or reclaim it.