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Full-Text Articles in Law
Property's Constitution, James Y. Stern
Property's Constitution, James Y. Stern
James Y. Stern
Long-standing disagreements over the definition of property as a matter of legal theory present a special problem in constitutional law. The Due Process and Takings Clauses establish individual rights that can be asserted only if “property” is at stake. Yet the leading cases interpreting constitutional property doctrines have never managed to articulate a coherent general view of property, and in some instances have reached opposite conclusions about its meaning. Most notably, government benefits provided in the form of individual legal entitlements are considered “property” for purposes of due process but not takings doctrines, a conflict the cases acknowledge but do …
Property Rights And Intrabrand Restraints, Alan J. Meese
Property Rights And Intrabrand Restraints, Alan J. Meese
Alan J. Meese
Intrabrand restraints limit the discretion of one or more sellers-usually dealers-with respect to the disposition of a product sold under a single brand. While most scholars believe that such contracts can help assure optimal promotion of a manufacturer's products, there is disagreement about the exact manner in which such restraints accomplish this objective. Many scholars believe that such restraints themselves induce dealers to engage in promotional activities desired by the manufacturer. Others believe that such restraints merely serve as "performance bonds," which dealers will forfeit if they fail to follow the manufacturer's precise promotional instructions. Some scholars reject both approaches, …
Property, Aspen, And Refusals To Deal, Alan J. Meese
Property, Aspen, And Refusals To Deal, Alan J. Meese
Alan J. Meese
No abstract provided.
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Property As A Management Institution, Lynda L. Butler
Property As A Management Institution, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Introduction: Comparative Property Rights, Lynda L. Butler
Introduction: Comparative Property Rights, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
Eric A. Kades
Natural property rights theories have become the primary lens through which conservative jurists and scholars view the Constitution’s main property rights provision, the Takings Clause. One of their most striking arguments is that progressive income taxation — applying higher tax rates to higher incomes — is an unconstitutional taking of wealthy taxpayers’ property. This has become part and parcel of well-established battle lines between conservative property rights advocates and their liberal counterparts. What has gone unnoticed is that the very same argument deployed against progressive taxation also deems regressive taxation — applying lower tax rates to higher incomes — an …
Foreword: Property Rights And Economic Development, Eric Kades
Foreword: Property Rights And Economic Development, Eric Kades
Eric A. Kades
No abstract provided.
Hohfeld And Property, Michael S. Green
The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein
The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein
Daniel Sharfstein
Presented at the 2010 Brigham-Kanner Property Rights Conference.
Kelo's Moral Failure, Laura S. Underkuffler
Kelo's Moral Failure, Laura S. Underkuffler
Laura S. Underkuffler
Presented at the 2004 Brigham-Kanner Property Rights Conference.
Informal Institutions And Property Rights, Lan Cao
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
Peter Siegelman
Cities are the locales of numerous interactions that generate externalities—both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.
In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities—additional customers—to neighboring stores. Anchors capture …