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Articles 1 - 11 of 11
Full-Text Articles in Law
New Urbanist Zoning For Dummies, Michael E Lewyn
New Urbanist Zoning For Dummies, Michael E Lewyn
Michael E Lewyn
This article compares the SmartCode (a model New Urbanist zoning code) to conventional pro-sprawl zoning codes, and concludes that in some respects, the SmartCode is actually more respectful of property rights than is conventional zoning.
It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson
It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson
Vera Bergelson
"It's Personal But Is It Mine? Toward Property Rights in Personal Information" discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens' loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners. In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …
The 2006 Alta Policies: What New Coverage Do They Provide?, Joyce Palomar
The 2006 Alta Policies: What New Coverage Do They Provide?, Joyce Palomar
Joyce Palomar
No abstract provided.
China's Housing Policy: Successes And Disappointments (Speaker), Joyce Palomar
China's Housing Policy: Successes And Disappointments (Speaker), Joyce Palomar
Joyce Palomar
No abstract provided.
Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene
Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene
Bernadette Atuahene
Land titling is a form of privatization in that public assets are transferred to private families and individuals. This is unlike other forms of privatization, however, because there is a systematic diffusion of economic and decision making power down to indigent populations rather than out of the country or up to its local elites. In light of this uniqueness, the question I will grapple with in this Article is, can property ownership, achieved through land titling programs, bolster democracy? First, using Peru as an example, I explain the context that necessitated the creation of land titling and the process by …
Protecting The Public Trust And Human Rights In The Great Lakes, Melissa K. Scanlan
Protecting The Public Trust And Human Rights In The Great Lakes, Melissa K. Scanlan
Melissa K. Scanlan
No abstract provided.
Realizing The Promise Of The Great Lakes Compact: A Policy Analysis For State Implementation, Melissa K. Scanlan, Jodi H. Sinykin, James Krohelski
Realizing The Promise Of The Great Lakes Compact: A Policy Analysis For State Implementation, Melissa K. Scanlan, Jodi H. Sinykin, James Krohelski
Melissa K. Scanlan
No abstract provided.
Home As A Legal Concept, Benjamin Barros
Home As A Legal Concept, Benjamin Barros
Benjamin Barros
This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal …
China's Housing Policy: Successes And Disappointments, Joyce Palomar, Jainbo Lou
China's Housing Policy: Successes And Disappointments, Joyce Palomar, Jainbo Lou
Joyce Palomar
No abstract provided.
Emperical Research In Real Property Law, Joyce Palomar
Emperical Research In Real Property Law, Joyce Palomar
Joyce Palomar
No abstract provided.
Palazzolo, The Public Trust, And The Property Owner’S Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan
Erin Ryan
South Carolina recently promulgated new guidelines regulating the State’s consideration of requests by private marsh island owners to build bridges for vehicular access through publicly owned marsh and tidelands. Many thousands of these islands hug the South Carolina coast, but they are surrounded by tidelands subject to South Carolina’s formidable public trust doctrine, which obligates the State to manage submerged lands and waterways for the benefit of the public. This piece evaluates the relationship between the public trust doctrine and the takings subtext to the debate over the new guidelines – a relationship that has become particularly interesting in the …