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Articles 1 - 7 of 7
Full-Text Articles in Law
Real Property: 1992 Survey Of Florida Law, Ronald B. Brown
Real Property: 1992 Survey Of Florida Law, Ronald B. Brown
Faculty Scholarship
No abstract provided.
Zero-Sum Madison, Thomas W. Merrill
Zero-Sum Madison, Thomas W. Merrill
Faculty Scholarship
Has the fabric of American constitutional law been permanently "distorted" by the Framers' preoccupation with protecting private property against redistribution? Jennifer Nedelsky thinks so. In this provocative study of how the idea of property shaped the political thought of the Framers and the institutions they designed, she argues that James Madison's constitutional philosophy was driven by fear that a future propertyless majority would seek to expropriate the holdings of a minority. To combat this danger, Madison sought to create a structure of government that would ensure the dominance of the propertied elite. Madison's obsessive fear of redistribution spread to the …
Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power
Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power
Faculty Scholarship
Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both …
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Faculty Scholarship
No abstract provided.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
Social-Republican Property, William H. Simon
Social-Republican Property, William H. Simon
Faculty Scholarship
Economic democracy is the idea that the norms of equality and participation that classical liberalism confines to a narrowly defined sphere of government should apply to the sphere of economic life. Economic democracy thus entails a challenge to the classical liberal notion of property. In classical liberalism, property defines a realm of private enjoyment. No particular property right is a prerogative of, or a prerequisite to, citizenship, and the exercise of property rights by those who have them is not assessed in political terms.
One alternative to classical liberalism responsive to the ideal of economic democracy is classical socialism. Classical …
Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller
Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller
Faculty Scholarship
Hungary is in the midst of a fundamental transformation toward a market economy. Although Hungary has long been in the forefront of efforts to reform socialism itself, after 1989 the goals of reform moved from market socialism toward capitalism, as the old Communist regime lost power and the idea of widespread private ownership gained acceptance. The legal framework – the "rules of the game – is now being geared toward encouraging, protecting, and rewarding entrepreneurs in the private sector.
This Article describes the evolving legal framework in Hungary in several areas: constitutional, real property, intellectual property, company, foreign investment, contract, …