Law Commons^™

Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon

Scholarship Chronologically

My analysis now looks something like this: Some entitlements should be "prima facie" protectible from invasion. That means that there are some entitlements which the owner should be able to protect even if he or she is unable to prove (a) that protection is in the net social interest or (b) that the invader's action is deserving of punishment. I would call these entitlements "property".