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1985

Intellectual Property Law

Duty

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Full-Text Articles in Law

Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon Jan 1985

Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon

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One has no right to complain about another’s appropriation of a plot of land. But we live interdependent lives today. If X were given a property right to pollute, Y might have quite a lot to complain about. If what we are looking for is conditions under which strangers have no right to complain about property being granted, then it would seem appropriate to broaden the proviso a bit and say, the stranger has no right to complain so long as he’s not harmed by the grant of property.


Common Law Analogies - 1985, Wendy J. Gordon Jan 1985

Common Law Analogies - 1985, Wendy J. Gordon

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By the usual principles of claim-staking, casually viewed, the person who describes a new form of i/p seems to possess it. This may be one explanation for the property lure.