Debunking Intellectual Property Myths: Cross Cultural Experiments On Perceptions Of Property, 2020 Brigham Young University Law School
Debunking Intellectual Property Myths: Cross Cultural Experiments On Perceptions Of Property, Gregory N. Mandel, Kristina R. Olson, Anne A. Fast
BYU Law Review
For decades, the prevailing view in the United States and many Western countries has been that China does not appropriately respect intellectual property rights. These beliefs lie at the heart of President Donald Trump’s current trade war with China. Despite substantial geopolitical debate over differences between American an d Chinese attitudes towards intellectual property rights, and despite the critical effects that such attitudes have on international economic markets and the function of intellectual property systems, empirical evidence of these attitudes is largely lacking. This Article presents original experimental survey research that explores cross cross-cultural differences between American and Chinese attitudes …
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, 2020 Dalhousie University Schulich School of Law
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
State Interventions In Local Zoning, 2020 American University Washington College of Law
State Interventions In Local Zoning, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
In what has been described as an "emerging consensus" and pejoratively labeled an "elite liberaltarian consensus," there is growing scholarly recognition that land use overregulation is hurting the country by limiting the supply and increasing the price of housing. By highlighting state-level interventions that succeeded in checking local zoning authority, Professor Anika Lemar's article makes a valuable contribution to the fight against excessive zoning limitations.
Enough Is As Good As A Feast, 2020 Seattle University School of Law
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, 2020 Seattle University School of Law
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines
Seattle University Law Review
The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation.
Hog Farms: How Far Can The Legislature Go In Reducing Nuisance Actions?, 2020 North Carolina Central University School of Law
Hog Farms: How Far Can The Legislature Go In Reducing Nuisance Actions?, John D. Runkle, Erin Lowder
NCCU Environmental Law Review
No abstract provided.
North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, 2020 North Carolina Central University School of Law
North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe
NCCU Environmental Law Review
No abstract provided.
Abdin V. Ccc-Boone, Llc: Is Your Flood Complex Or Simple? A Better Formula Is Needed For Future Plaintiffs As 'Historic' Flooding Becomes More Common, 2020 North Carolina Central University School of Law
Abdin V. Ccc-Boone, Llc: Is Your Flood Complex Or Simple? A Better Formula Is Needed For Future Plaintiffs As 'Historic' Flooding Becomes More Common, Nicholas Patten
NCCU Environmental Law Review
No abstract provided.
Missing The Role Of Property In The Regulation Of Insider Trading, 2020 The Catholic University of America, Columbus School of Law
Missing The Role Of Property In The Regulation Of Insider Trading, Kevin R. Douglas
Catholic University Law Review
For decades, legal scholars have evaluated the law and practice of insider trading through a property lens. Some have debated whether a property rationale is useful for explaining past cases or might make a useful framework for deciding tough cases in the future. Others have explored which market actors should be allocated property rights in inside information in order to increase the efficiency or liquidity of U.S. securities markets. Yet scholars seem to have missed the fact that officials have consistently relied on the violation of some party’s property rights to justify imposing liability for insider trading—including in classical theory …
Expansion Of New Law In Southeast May Stave Off Black Land Loss, 2020 Texas A&M University School of Law
Expansion Of New Law In Southeast May Stave Off Black Land Loss, Thomas W. Mitchell, Sarah Stein, Ann Carpenter
Faculty Scholarship
Landownership and homeownership are significant contributors to the creation of wealth and thus, drivers of intergenerational economic mobility. However, many people who have inherited family land are unable to realize these opportunities because of the legal effect of their particular form of landownership, often called heirs' property. These landowners are more likely to lose their land through what is known as a partition sale—a property sale resulting from a dispute between co-owners, often ignited by an outside party with an investment interest in the land. This Partners Update article explores the repercussions of heirs' property ownership and examines legislative solutions …
Taking Back The Beach, 2020 Texas A&M University School of Law
Taking Back The Beach, Lora Naismith
Student Scholarship
The numerous effects of anthropogenic climate change, including sea-level rise, continue to make global changes to our environment. With greenhouse gas emissions come warmer temperatures, melting glaciers, and a higher sealevel. In an attempt to address the rising sea, communities have the option to protect the shoreline, alter structures to be able to remain in the area, or abandon the area as the sea rises. The Texas coast alone is home to roughly 6.5 million people and provides jobs to nearly 2.5 million of those people. As the sea continues to rise, the Texas coast is subject to more severe …
There Will Be Floods: Armoring The People Of Florida To Make Informed Decisions On Flood Risk, 2020 University of Miami School of Law
There Will Be Floods: Armoring The People Of Florida To Make Informed Decisions On Flood Risk, Natalie N. Barefoot, Daniela Tagtachian, Abigail L. Fleming, Gabriela Falla, Bethany Blakeman, Natalie Cavellier
Articles
In Florida, a peninsula surrounded by water with the second-lowest mean elevation in the country, there will be floods.[1] A global study ranking cities most vulnerable to losses from flooding lists Miami first in the United States and sixth globally; Tampa-St. Petersburg is listed as 16th globally.[2] Yet there are no state statutes or regulations in Florida that require a seller or landlord to make flood-related disclosures to homebuyers and renters. In contrast, while varying in scope, 29 states require flood-risk disclosures in real estate transactions.[3] Though Florida should be leading in this arena, in an evaluation of nationwide flood …
Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, 2020 Indiana University Maurer School of Law
Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, Tyler Watson
Indiana Law Journal
Recognizing that tort law is a unique area of law that was judicially created by rational human beings with an innate sense of economic justice, this Note seeks to apply positive economic theory—derived from ex post analyses of tort cases—to an ex ante analysis to predict how and to what extent the existing and proposed aerial trespass rules will further economic efficiency in the context of drones and airspace rights. Part I will provide (1) an overview of the Federal Aviation Administration’s (FAA) current regulatory framework and the development of the common law aerial trespass doctrine and (2) an overview …
Tear It All Down: Highways As Racist Monuments, 2020 University of Denver
Tear It All Down: Highways As Racist Monuments, Sarah Schindler
Sturm College of Law: Faculty Scholarship
In recent months, citizens and elected officials around the country have been tearing down or ordering the removal of monuments that symbolize white supremacy and subjugation. While many of the targeted monuments are statues of people who supported or espoused racist ideologies, another set of more innocuous monuments to racial segregation still stand: America’s Highways.
A Colonial Castle: Defence Of Property In R V Stanley, 2020 Allard School of Law, University of British Columbia
A Colonial Castle: Defence Of Property In R V Stanley, Alexandra Flynn, Estair Van Wagner
Articles & Book Chapters
In 2016, Gerald Stanley shot 22-year-old Colten Boushie in the back of the head after Boushie and his friends entered Stanley’s farm. Boushie died instantly. Stanley relied on a hangfire defence, rooted in the defence of accident, and was found not guilty by an all-white jury. Throughout the trial, Stanley invoked concerns about trespass and rural crime (particularly property crime) that raised much evidence of limited relevance to whether or not the shooting was an accident. We argue that the assertions of trespass, without formerly raising the defence of property or trespass, shaped the trial by providing a racist, anti-Indigenous-tinged …
Zoning On Holy Ground: Developing A Coherent Factor-Based Analysis For Rluipa's Substantial Burden Provision, 2020 Chicago-Kent College of Law
Zoning On Holy Ground: Developing A Coherent Factor-Based Analysis For Rluipa's Substantial Burden Provision, Andrew Willis
Chicago-Kent Law Review
No abstract provided.
Table Of Contents, 2020 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, 2020 University of Arizona
"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu
Journal of Food Law & Policy
Historically, China was a soybean nation and not a dairy nation. Today, China has become the world’s largest dairy importer and third largest dairy producer, and dairy has surpassed soybeans in both consumption volume and sales revenue. This article investigates the legal, political, and socioeconomic factors that drove this transformation, and building upon fieldwork in two Chinese counties, examines the transformation’s socioeconomic impact on China’s several hundred million farmers and ex-farmers and political impact on the Chinese regime. The article makes two arguments. First, despite changes of times and political regimes, China’s dairy tale is a tale about chasing the …
Twenty Things Real Estate Attorneys Can Do To Not Mess Up A Section 1031 Exchange (Part 2: Items 11-20), 2020 Brooklyn Law School
Twenty Things Real Estate Attorneys Can Do To Not Mess Up A Section 1031 Exchange (Part 2: Items 11-20), Bradley T. Borden
Faculty Scholarship
No abstract provided.
Owning Nothingness: Between The Legal And The Social Norms Of The Art World, 2020 Brigham Young University Law School
Owning Nothingness: Between The Legal And The Social Norms Of The Art World, Guy A. Rub
BYU Law Review
Almost $8 million—that is what the Crystal Bridges Museum paid for one work of contemporary art in November 2015. What did that museum get for that hefty sum? From a legal perspective, absolutely nothing. The work it purchased was just an idea, and ideas of this kind escape legal protection.
Despite this lack of legal protection, the social norms of the art world lead large, sophisticated, experienced, and legally represented institutes to pay millions of dollars for this type of work. This Article is one of the first in legal scholarship to examine at depth those norms in this multibilliondollar …