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Articles 1 - 6 of 6
Full-Text Articles in Law
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
William & Mary Law Review
Cities are the locales of numerous interactions that generate externalities—both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.
In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities—additional customers—to neighboring stores. Anchors capture …
Property And Republicanism In The Northwest Ordinance, Matthew J. Festa
Property And Republicanism In The Northwest Ordinance, Matthew J. Festa
Matthew J. Festa
This Article shows that individual property rights held a central place in the republican ideology of the founding era by examining the Northwest Ordinance of 1787. Between the two predominant strains of founding-era political ideology—liberalism and republicanism—the conventional view holds that individual property rights were central to Lockean liberalism, but not to the republican political tradition, where property is thought to have played more of a communitarian role as part of promoting civic virtue and the common good. Republicanism has been invoked in modern debates, and its emphases are present in current ideas such as the important new theory of …
Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School
Brigham-Kanner Property Rights Journal
Comparative Property Rights
October 14-15, 2011
Panel 1: Legal Protection of Property Rights: A Comparative Look
Panel 2: Reflections on Justice O'Connor's Important Property Rights Decisions
Panel 3: Property as an Instrument of Social Policy
Panel 4: Culture and Property
Panel 5: Property as an Economic Institution
Panel 6: Property Rights and the Environment
Informal Institutions And Property Rights, Lan Cao
Informal Institutions And Property Rights, Lan Cao
Faculty Publications
No abstract provided.
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Sari M Graben
Abstract In this article, I consider the implications of culture for valuation of cultural loss in cost benefit analysis. I argue that rational choice models have a difficult time quantifying cultural values because they have yet to grapple with the way experts tasked with cost benefit analysis translate knowledge about cultural worldviews for the purposes of comparison. This translation can alter the valuation of the risk so as to undermine the representation of a loss, rather than identify it. However, instead of rejecting the consideration of cultural loss in cost-benefit analysis outright, I build on dialogical approaches to governance that …
"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell
"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell
William & Mary Bill of Rights Journal
During World War II, after Japan attacked the Aleutian Islands off Alaska’s coast, the United States forcibly evacuated the islands’ natives and quartered soldiers in private homes. That hitherto unremarked violation of the Third Amendment gives us a fresh perspective on what the term “property” means in the United States Constitution. As a general legal matter, property includes not just real estate—land, fixtures attached thereto, and related rights—but also various kinds of personal property, ranging from tangibles, such as books, to intangibles, such as causes of action. That knowledge would, if we interpreted the Constitution as we do other legal …