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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 …
Right On Time: First Possession In Property And Intellectual Property, Dotan Oliar, James Y. Stern
Right On Time: First Possession In Property And Intellectual Property, Dotan Oliar, James Y. Stern
James Y. Stern
How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws together common law doctrines of first possession with original acquisition doctrines in patent, copyright, and trademark law. The common denominator is time: in each context, doctrine involves a trade-off between assigning entitlements to resources earlier or later in the process of their development and use. Early awards risk granting exclusivity to parties who may not be capable of putting resources to their best use. Late awards prolong contests for ownership, which may generate waste or discourage acquisition efforts …
Property, Exclusivity, And Jurisdiction, James Y. Stern
Property, Exclusivity, And Jurisdiction, James Y. Stern
James Y. Stern
No abstract provided.
14th Brigham-Kanner Property Rights Conference: Challenges To The Western Idea Of Property, Tony Arnold, Kristen Carpenter, Angela Riley, Mark Savin, James Y. Stern
14th Brigham-Kanner Property Rights Conference: Challenges To The Western Idea Of Property, Tony Arnold, Kristen Carpenter, Angela Riley, Mark Savin, James Y. Stern
James Y. Stern
No abstract provided.
Podcast Episode 24 – Professor James Stern Discusses Knick V. Township Of Scott, Clint Schumacher, James Y. Stern
Podcast Episode 24 – Professor James Stern Discusses Knick V. Township Of Scott, Clint Schumacher, James Y. Stern
James Y. Stern
Welcome to Episode 24 of the Eminent Domain Podcast. We have a great episode for you that we are calling “A Review of Knick v. Township of Scott.” Our guest today is Professor James Stern of the William & Mary Law School. Professor Stern is uniquely qualified to talk about the Knick case as both a current property law professor and a former U.S. Supreme Court clerk.