Easements, Necessity, And The Role Of Legal Change In Judicial Takings Claims,
2012
Widener University - Harrisburg Campus
Easements, Necessity, And The Role Of Legal Change In Judicial Takings Claims, Benjamin Barros
Benjamin Barros
No abstract provided.
Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank,
2012
University of Maryland Francis King Carey School of Law
Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank, Garrett Power
Garrett Power
In 1815 Baltimore City was boom town. Its militiamen had repulsed the British sea invasion and presaged an end to the War of 1812. Napoleon’s defeat at Waterloo in 1815 signaled an end to European wars. Freedom of the seas had been restored. The Baltimore “Clipper” was the best sailing ship on the ocean. Baltimore looked to become the country’s leading exporter of grain, flour, and tobacco. Merchant James A. Buchanan, a partner in one of the country’s greatest shipping firms, had been named President of the Baltimore Branch of the Second National Bank of the United States. Civic leaders …
Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank,
2012
University of Maryland Francis King Carey School of Law
Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank, Garrett Power
Faculty Scholarship
In 1815 Baltimore City was boom town. Its militiamen had repulsed the British sea invasion and presaged an end to the War of 1812. Napoleon’s defeat at Waterloo in 1815 signaled an end to European wars. Freedom of the seas had been restored. The Baltimore “Clipper” was the best sailing ship on the ocean. Baltimore looked to become the country’s leading exporter of grain, flour, and tobacco. Merchant James A. Buchanan, a partner in one of the country’s greatest shipping firms, had been named President of the Baltimore Branch of the Second National Bank of the United States. Civic leaders …
Tout Ensemble: Preserving Seattle's Satterlee House,
2012
Widener Law
Tout Ensemble: Preserving Seattle's Satterlee House, John F. Nivala
John F. Nivala
No abstract provided.
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com,
2012
University of Pennsylvania Carey Law School
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
All Faculty Scholarship
This is a follow-up piece to Professor Balganesh's 'Hot News': The Enduring Myth of Property in News, 111 COLUM. L. REV. 419 (2011), based on the Second Circuit's decision in Barclays Capital Inc. v. Theflyonthewall.com, 650 F.3d 876 (2d Cir. 2011).
The Probate Definition Of Family: A Proposal For Guided Discretion In Intestacy,
2012
University of Oregon School of Law
The Probate Definition Of Family: A Proposal For Guided Discretion In Intestacy, Susan N. Gary
University of Michigan Journal of Law Reform
Intestacy statutes may not match the wishes of many people who die intestate. Changes to the Uniform Probate Code (UPC) include or exclude potential takers, as the drafters attempt to bring the UPC provisions closer to the intent of more intestate decedents. As the UPC tries to fine-tune the intestacy statutes, however, family circumstances continue to get more and more complicated. Families headed by unmarried couples, blended families with children from multiple marriages, and families in which adults raise children who are not legally theirs, have become commonplace. For some decedents, non-family friends and caregivers may be more important than …
Governance Property,
2012
Cornell Law School
Governance Property, Gregory S. Alexander
Cornell Law Faculty Publications
Exclusion theorists of property think that the concept of property properly concerns only the relations between owners and nonowners — that is, the external relationships of owners, or what we might call the “external life” of property. From this perspective, the internal relationships among property stakeholders — the “internal life” of property — are irrelevant from a conceptual point of view. I argue that this is a distorted and misleading view of property. To reveal this misconception, I distinguish between two types of property, which I call exclusion property and governance property. Governance property, not exclusion property, is the dominant …
Terrace V. Thompson And The Legacy Of Manifest Destiny,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Terrace V. Thompson And The Legacy Of Manifest Destiny, Jean Stefancic
Nevada Law Journal
No abstract provided.
The Economics Of Necessity,
2012
Boston University School of Law
The Economics Of Necessity, Keith N. Hylton
Faculty Scholarship
The necessity doctrine aligns the private and the social incentive for a property possessor to take a defensive action that prevents an invasion of his property from occurring. The model described here is also applicable to self-help in contracts.
Beyond Coase: Emerging Technologies And Property Theory,
2012
University of Pennsylvania Carey Law School
Beyond Coase: Emerging Technologies And Property Theory, Christopher S. Yoo
All Faculty Scholarship
In addition to prompting the development of the Coase Theorem, Ronald Coase’s landmark 1959 article on the Federal Communications Commission touched off a revolution in spectrum policy. Although one of Coase’s proposed reforms (that spectrum should be allocated through markets) has now become the conventional wisdom, his other principal recommendation (that governments stop dedicating portions of the spectrum to particular uses) has yet to be fully embraced. Drawing on spectrum as well as Internet traffic and electric power as examples, this Article argues that emerging technologies often reflect qualities that make defining property rights particularly difficult. These include the cumulative …
La Transparencia En La Protección De Datos Personales,
2012
ITESM Campus Puebla
La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García
Bruno L. Costantini García
La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)
At The Crossroads: Balancing Public Education And Wildlife Protection,
2012
William & Mary Law School
At The Crossroads: Balancing Public Education And Wildlife Protection, Christopher Jackson
William & Mary Environmental Law and Policy Review
No abstract provided.
The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?,
2012
Brigham Young University Law School
The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee
Brigham Young University International Law & Management Review
No abstract provided.
Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights,
2012
Cornell Law School
Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Judicial Takings In Vandevere V. Lloyd,
2012
Brigham Young University Law School
Judicial Takings In Vandevere V. Lloyd, Cory S. Clements
BYU Law Review
No abstract provided.
"Property" In The Constitution: The View From The Third Amendment,
2012
William & Mary Law School
"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 …
The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit,
2012
William & Mary Law School
The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit, Jan G. Laitos
William & Mary Bill of Rights Journal
No abstract provided.
The City And The Private Right Of Action,
2012
Willamette University
The City And The Private Right Of Action, Paul Diller
Paul Diller
No abstract provided.
Properties Of Property,
2012
Cornell University Law School
Properties Of Property, Gregory Alexander, Hanoch Dagan
Gregory S Alexander
Broadly interdisciplinary, Properties of Property provides an overview of cutting-edge work from leading legal scholars as well as important non-legal scholars. The text is designed for an international audience, particularly teachers, scholars, and students throughout Europe, the British Commonwealth, and China. Properties of Property is perfectly suited for courses and seminars in other departments, from history to urban planning, both at the graduate and undergraduate level. It is a must for any law school library, even if no seminar on property theory is offered, because it appeals to law school students as well as scholars and graduate students interested in …
Tribes, Land, And The Environment, 1d,
2012
American University Washington College of Law
Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser
Books
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays …
