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Full-Text Articles in Law
Dead Men Tell No Tales: Arkansas’S Grave Failure To Honor Its Constituents’ Postmortem Quasi-Property Right, Mckenna Moore
Dead Men Tell No Tales: Arkansas’S Grave Failure To Honor Its Constituents’ Postmortem Quasi-Property Right, Mckenna Moore
Arkansas Law Review
It is doubtful that Hulon Rupert Austin woke up on the day of March 7, 1986 and expected it to be his last. March 7 was a typical day—a workday—that started with a simple drive to a job site with his co-worker. A day that began so unremarkably ended with his co-worker looking up from where he was working to see “Austin lying on the ground.”
Brigham-Kanner Property Rights Journal, Volume 10, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 10, William & Mary Law School
Brigham-Kanner Property Rights Journal
Where Theory Meets Practice
October 1-2, 2020
Panel 1: Where Theory Meets Practice: A Tribute to Henry E. Smith
Panel 2: The Housing Crisis
Lunch Roundtable: Emerging Issues in Takings and Eminent Domain Law
Panel 3: The Reach of Government's Confiscatory Powers Over Exigencies and Emergencies
Panel 4: The Risk of Unjust Compensation
Fee Simple Failures: Rural Landscapes And Race, Jessica A. Shoemaker
Fee Simple Failures: Rural Landscapes And Race, Jessica A. Shoemaker
Michigan Law Review
Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white landownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, through acts of …
A Modern-Day Gold-Rush: Applying Property Principles To Data Using Mineral Rights Concepts And The Rule Of Capture, Andrew Crayden
A Modern-Day Gold-Rush: Applying Property Principles To Data Using Mineral Rights Concepts And The Rule Of Capture, Andrew Crayden
Louisiana Law Review
The article discusses how to apply the principles of mineral rights, particularly the rule of capture, and property framework in the development of data privacy regulations to protect against data breaches and other internet crimes.
Ownership Rights Of Research & Development Outputs In Historical Perspective: From Public Ownership, Ownership Right Of Scientific And Technological Achievements To Intellectual Property Rights, Youdan Xiao, Xin Liu
Ownership Rights Of Research & Development Outputs In Historical Perspective: From Public Ownership, Ownership Right Of Scientific And Technological Achievements To Intellectual Property Rights, Youdan Xiao, Xin Liu
Bulletin of Chinese Academy of Sciences (Chinese Version)
Empowering Scientists to retain ownership or long-term access rights of government-funded research & development outputs (R&D outputs), is a key exploration and reform for China's central government to promote the market mechanism's decisive role in allocating innovation resources. As a result of the public ownership-based economic and social system, how to properly coordinate the relationship between the state, the collectives and the individuals will inevitably become the core issue in China's reform on the ownership rights of R&D outputs. By reviewing the institutional changes and reform process on the ownership policy of government-funded R&D outputs in China, this paper clarifies …
“Champion Man-Hater Of All Time”: Feminism, Insanity, And Property Rights In 1940s America, Magdalene Zier
“Champion Man-Hater Of All Time”: Feminism, Insanity, And Property Rights In 1940s America, Magdalene Zier
Michigan Journal of Gender & Law
Legions of law students in property or trusts and estates courses have studied the will dispute, In re Strittmater’s Estate. The cases, casebooks, and treatises that cite Strittmater present the 1947 decision from New Jersey’s highest court as a model of the “insane delusion” doctrine. Readers learn that snubbed relatives successfully invalidated Louisa Strittmater’s will, which left her estate to the Equal Rights Amendment campaign, by convincing the court that her radical views on gender equality amounted to insanity and, thus, testamentary incapacity. By failing to provide any commentary or context on this overt sexism, these sources affirm the …
The Case Against Tax Subsidies In Innovation Policy, Charles J. Delmotte
The Case Against Tax Subsidies In Innovation Policy, Charles J. Delmotte
Florida State University Law Review
Until recently, intellectual property (IP) scholars agreed that patents were the prime innovation tool to aggregate decentralized information. This case for the property approach, which argues patents are appropriate when information about possible inventions and the social value of inventions are hidden, is now also under pressure in the literature. IP scholars argue that tax subsidies for firms that invest in research and development (R&D) replicate many of the merits of the patent system under conditions of asymmetric information. Based on developments in institutional economics, this Article shows that tax subsidies are not market-set incentives and are not optimal tools …