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Boston University School of Law

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Property

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New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon Mar 1999

New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon

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Here is a ten-page excerpt from! a published piece, followed by some more recent and more random thoughts. Community is not civility. That is, I imagine my ideal community as one where people aren't always sweet to each other; I imagine a community where truth is more important than hurt feelings, and fun is more important than money. I imagine a community of individualists: raucous, iconoclastic. Steve Shiffrin's ROMANCE OF THE FIRST AMENDMENT and Ed Baker's work seems to have the kind of community in mind that I am interested in.


Blackmail: Deontology - 1993, Wendy J. Gordon Jan 1993

Blackmail: Deontology - 1993, Wendy J. Gordon

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The basic logic of my deontologic approach is this.


Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon Aug 1990

Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon

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The Supreme Court in several recent cases has flirted with the notion that labor gives one an entitlement to ownership: a legal right to bar others from the fruits of that labor or to extract payment from them if they use the fruits without permission. Sometimes articulated in terms of "natural rights," and sometimes in terms of "fairness," this notion is at apparent odds with contract law's insistence that the only "fruits of labor" one is obligated to pay for are those one has agreed in advance to buy.