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Full-Text Articles in Law
Property's Morale, Nestor M. Davidson
Property's Morale, Nestor M. Davidson
Michigan Law Review
A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled "demoralization costs." Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join …
The Accession Insight And Patent Infringement Remedies, Peter Lee
The Accession Insight And Patent Infringement Remedies, Peter Lee
Michigan Law Review
What is the appropriate allocation of rights and obligations when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this outcome merely underscores the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset. This Article draws upon accession-a physical property doctrine …
Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer
Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer
Indiana Law Journal
2010 Harris Lecture, delivered April 5, 2010, Indiana University, Maurer School of Law, Bloomington, Indiana
Self Interested: Protecting The Cultural And Religious Privacy Of Native Americans Through The Promotion Of Property Rights In Biological Materials, Kimberly Self
American Indian Law Review
No abstract provided.
Pro-Gun Property Regulation: How The State Of Oklahoma Controls The Property Rights Of Employers Through Firearm Legislation, J. Blake Patton
Pro-Gun Property Regulation: How The State Of Oklahoma Controls The Property Rights Of Employers Through Firearm Legislation, J. Blake Patton
Oklahoma Law Review
No abstract provided.