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Articles 1 - 11 of 11
Full-Text Articles in Law
It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson
It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson
Rutgers Law School (Newark) Faculty Papers
"It's Personal But Is It Mine? Toward Property Rights in Personal Information" discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens' loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners. In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …
The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron
The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron
ExpressO
No abstract provided.
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
ExpressO
A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …
Difused Surface Water: Reasonable Use Has Become The Common Enemy, Wendy B. Davis
Difused Surface Water: Reasonable Use Has Become The Common Enemy, Wendy B. Davis
ExpressO
Diffused surface water, caused by precipitation, should be treated as a necessary asset to replenish aquifers used for drinking water, and not as waste to be disposed of by landowners. Groundwater aquifers were created, and can only be replenished, by precipitation that is allowed to seep underground. Ninety-nine percent of the drinking water for people in rural areas of America comes from groundwater aquifers. These aquifers are in danger of being contaminated or depleted, which could result in severe water shortages very soon. Legislators have failed to enact a comprehensive system to regulate the use of aquifers, relying instead on …
The Limits Of Property Reparations, Gregory S. Alexander
The Limits Of Property Reparations, Gregory S. Alexander
Cornell Law Faculty Publications
Human history is replete with examples of unjustified expropriations of property by conquering states and other transitory regimes. Only in modern times, however, have nations attempted systematically to remedy historical injustices by providing reparations to the dispossessed owners or their successors. From the aboriginal peoples of the Antipodes to the Native Americans of Canada and the U.S. to the European victims of the German and Soviet communism, groups of people who were stripped of their land and possessions by fraud or force are demanding, and in many cases getting, reparations for these injustices. The thesis of this paper is that …
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Cornell Law Faculty Working Papers
This article examines an apparent paradox in comparative constitutional law. Property rights are not treated as a fundamental right in American constitutional law; they are, however, under the Basic Law (i.e., constitution) of Germany, a social-welfare state that otherwise gives less weight to property. The article uses this apparent paradox as a vehicle for considering the different reasons why constitutions protect property. It explains the difference between the German and American constitutional treatment of property on the basis of the quite different approaches taken in the two systems to the purposes of constitutional protection of property.
Cultural Property And The Limitations Of Preservation, Sarah K. Harding
Cultural Property And The Limitations Of Preservation, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding
Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
I consider in this paper the extent to which courts rationally and on a principled basis can deny to aboriginal claimants, despite the ancientness of their claims, the specific relief of being restored to possession of their aboriginal lands where the case for such specific relief is otherwise made. The paper begins with a brief discussion of the foundations of property in the Western conception, then goes on to discuss the Europeans' asserted title to indigenous lands and the various theories of aboriginal title that have emerged. It then explores the past and existing legal obstacles to the judicial resolution …
Evidence Of Title By Public Records (In Chinese, Li Hao, Translator), Joyce Palomar
Evidence Of Title By Public Records (In Chinese, Li Hao, Translator), Joyce Palomar
Joyce Palomar
No abstract provided.
State Regulation Of Real Estate Settlement Services--Letting Free Enterprise Evolve While Protecting The Public, Joyce Palomar
State Regulation Of Real Estate Settlement Services--Letting Free Enterprise Evolve While Protecting The Public, Joyce Palomar
Joyce Palomar
No abstract provided.