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Fordham Law Review

Property law

Publication Year

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Full-Text Articles in Law

Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel Jan 2007

Protecting Newly Discovered Antiquities: Thinking Outside The "Fee Simple" Box, Peter T. Wendel

Fordham Law Review

Newly discovered antiquities are “mixed goods.” They have a physical component (the object itself) and an intangible component (the archeological and historical information associated with the discovery). This dual nature justifies government intervention into the market, not to capture the positive externalities associated with the antiquity, but to minimize the negative externalities associated with the law of finders. When the typical finder excavates an antiquity, its historical and archeological information is severely damaged, if not destroyed. In response to this problem, source countries have enacted state ownership/retention statutes. These laws, however, have their own negative externalities. They create incentives for …


You Can’T Build That Here: The Constitutionality Of Aesthetic Zoning And Architectural Review, Kenneth Regan Jan 1990

You Can’T Build That Here: The Constitutionality Of Aesthetic Zoning And Architectural Review, Kenneth Regan

Fordham Law Review

No abstract provided.


The Streamlining Of Attachment Procedure, John F. X. Finn Jan 1940

The Streamlining Of Attachment Procedure, John F. X. Finn

Fordham Law Review

No abstract provided.