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Some specific restraints on alienation in the United States include: Disabling restraints To be effective the grantor must sue the grantee for enforcement. The effectiveness of the lawsuit could prevent the transfer from being made. In addition, if the disabling restraint is found to be unconstitutional the restraint will not be effective.
Gray wrote two books on future interests, Restraints on the Alienation of Property (1883), and The Rule against Perpetuities (1886). His best known work is his survey of the common law, The Nature and Sources of the Law (1909). Gray's writings were so influential that they are still used in American law schools and cited in law journals to this ...
The Nonintercourse Act did not pre-empt the states from legislating additional restraints on alienation of Native American lands. [50] Many states, including nearly all of the original Thirteen, enacted similar statutes for at least some lands during at least some time periods. [51]
[2] [3] [4] Most property is alienable, but some may be subject to restraints on alienation. Some objects are now regarded as ineligible for becoming property and thus termed inalienable, such as people and body parts. [citation needed] Aboriginal title is one example of inalienability (save to the Crown) in common law jurisdictions.
A post-sale restraint, also termed a post-sale restriction, as those terms are used in United States patent law and antitrust law, is a limitation that operates after a sale of goods to a purchaser has occurred and purports to restrain, restrict, or limit the scope of the buyer's freedom to utilize, resell, or otherwise dispose of or take action regarding the sold goods. [1]
Oscar Handlin (September 29, 1915 – September 20, 2011) was an American historian. As a professor of history at Harvard University for over 50 years, he directed 80 PhD dissertations and helped promote social and ethnic history, virtually inventing the field of immigration history in the 1950s.
American-born African enslaved people who were brought to the American colonies experienced high rates of natal alienation. Scholar Cornel West identifies that, while only 4.5% of all Africans imported to the "New World" arrived in North America, this percentage quadrupled "through an incredibly high rate of slave reproduction." As West ...
Restraint on alienation, in property law, a clause that seeks to prohibit the recipient of property from transferring his or her interest; Restraint of trade, a restriction on a person's freedom to conduct business; Vertical restraints, agreements between firms or individuals at different levels of the production and distribution process