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Articles 1 - 10 of 10
Full-Text Articles in Law
Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David Reiss
Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David Reiss
Faculty Scholarship
No abstract provided.
The Rose Theorem?, Michael Heller
The Rose Theorem?, Michael Heller
Faculty Scholarship
Law resists theorems. We have hypotheses, typologies, heuristics, and conundrums. But, until now, only one plausible theorem – and that we borrowed from economics. Could there be a second, the Rose Theorem?
Any theorem must generalize, be falsifiable, and have predictive power. Law's theorems, however, seem to require three additional qualities: they emerge from tales of ordinary stuff; are named for, not by, their creators; and have no single authoritative form. For example, Ronald Coase wrote of ranchers and farmers. He has always shied away from the Theorem project. When later scholars formalized his parable, they created multiple and inconsistent …
Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons
Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons
Faculty Scholarship
No abstract provided.
Putting Humpty Dumpty Back Together: Experimental Evidence Of Anticommons Tragedies, Ben Depoorter, Sven Vanneste
Putting Humpty Dumpty Back Together: Experimental Evidence Of Anticommons Tragedies, Ben Depoorter, Sven Vanneste
Faculty Scholarship
No abstract provided.
Private Business As Public Good: Hotel Development And Kelo, Joseph Blocher
Private Business As Public Good: Hotel Development And Kelo, Joseph Blocher
Faculty Scholarship
In the summer of 2004, New Haven Mayor John DeStefano, Jr. announced plans to demolish the all-but-derelict New Haven Coliseum and replace it with a publicly financed redevelopment that would include a 300-room hotel. Critics of the plan immediately objected that the hotel-even if it were completed-was a poor public investment, that there was no demand for such a hotel, and that the money could be better spent elsewhere. Some critics pointed to New Haven's own checkered history of major development projects, especially the failed downtown mall and the famously catastrophic Oak Street redevelopment. As of February 2006, the city …
The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah Purdy
The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah Purdy
Faculty Scholarship
No abstract provided.
The Just And The Wild, Laura S. Underkuffler
The Just And The Wild, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
Faculty Scholarship
The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to …
The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah S. Purdy
The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah S. Purdy
Faculty Scholarship
This Article draws on an episode of nineteenth-century American doctrinal history to develop a pluralist approach to explaining changes in property law. It addresses the question: What causes account for the development of property regimes across time? The courts' answer emerges from examination of nineteenth-century American reform of the law of waste, which governs the changes tenants may make in the estates they occupy. A line of state supreme court cases, beginning in 1810, transformed the doctrine from the strict rule of English common law to a flexible standard. Economic analysis helps to explain the change; the full story, however, …
Six Myths About Kelo: Kelo V. City Of New London, Thomas W. Merrill
Six Myths About Kelo: Kelo V. City Of New London, Thomas W. Merrill
Faculty Scholarship
Kelo v. City of New London, 125 S. Ct. 2655 (2005), is unique in the modem annals of law in terms of the negative response it has evoked. The initial reaction by lawyers familiar with the case was one of lack of surprise. Within days, however, Internet bloggers, television commentators, and neighbors talking over backyard fences decided that Keio was an outrage. Even Justice Stevens sought to distance himself from his own majority opinion, declaring in a speech to a bar association that he thought the outcome was "unwise," and that he would not have supported it if he were …