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Full-Text Articles in Law
Governing The Anticommons In Aggregate Litigation, D. Theodore Rave
Governing The Anticommons In Aggregate Litigation, D. Theodore Rave
Vanderbilt Law Review
Following the September 11, 2001 terrorist attacks, more than ten thousand rescue and cleanup workers brought individual lawsuits against New York City for respiratory and other illnesses they developed after working in the ruins of the World Trade Center. After years of litigation, the parties put together a comprehensive settlement in 2010. The defendant agreed to pay a total of $625 million so long as 95% of the plaintiffs accepted the terms of the settlement. If 100% of the plaintiffs signed on, however, the defendant was willing to increase the total settlement amount to be shared among all the plaintiffs …
Property: A Bundle Of Sticks Or A Tree?, Anna Di Robilant
Property: A Bundle Of Sticks Or A Tree?, Anna Di Robilant
Vanderbilt Law Review
In 1973 John Henry Merryman noted that property law is a largely unexplored field of comparative study.' According to Merryman, common lawyers and civilians have long viewed their respective property systems as radically different and hardly comparable. In Merryman's words, the civil law is a law of "ownership," while the common law is a law of "estate." Civil law systems conceive of property as ownership, as holistic dominion: exclusive, single, indivisible, and different in nature from lesser property interests. By contrast, property in the common law is pluralistic and fragmented, having at its core the estates system and the many …
Restituting Nazi-Looted Art: Domestic, Legislative, And Binding Intervention To Balance The Interests Of Victims And Museums, Katharine N. Skinner
Restituting Nazi-Looted Art: Domestic, Legislative, And Binding Intervention To Balance The Interests Of Victims And Museums, Katharine N. Skinner
Vanderbilt Journal of Entertainment & Technology Law
The Nazis engaged in widespread art looting from Holocaust victims, either taking the artwork outright or using legal formalities to effect a transfer of title under duress. Years later, US museums acquired some of these pieces on a good-faith basis. Now, however, they face lawsuits by the heirs of Holocaust victims, who seek to have the museums return the artwork. Though good title cannot pass to the owner of stolen property under US law, unfavorable statutes of limitations, high financial hurdles, or discovery problems, among other obstacles, bar many of these claimants from seeking recovery. Though some museums have amicably …
The Reciprocity Of Search, Tun-Jen Chiang
The Reciprocity Of Search, Tun-Jen Chiang
Vanderbilt Law Review
The discussion of search in patent law always focuses on one particular model of search: producers of commercial products are supposed to identify the patents that their products might infringe and then negotiate a license from the owners of those patents. This one-sided view of search responsibility is most evident in doctrine. As a doctrinal matter, patent law imposes an absolute duty on the producer of a commercial product to find all relevant patents and obtain licenses from each of the owners before commencing manufacture. Failure to meet this duty is punished by liability for infringement, where ignorance of the …