Series: Mindful Law, Mindful World: Property, Possession, And Consumption Via Gandhi's Thought, Nehal A. Patel
Jan 2015
Series: Mindful Law, Mindful World: Property, Possession, And Consumption Via Gandhi's Thought, Nehal A. Patel
Nehal A. Patel
The following two Articles explore the nuanced relationship between property law, the human-environment relationship, and Gandhi’s thought.
ARTICLE 1: MINDFUL USE: GANDHI’S NON-POSSESSIVE PROPERTY THEORY
ARTICLE 2: “RENOUNCE AND ENJOY”: THE PURSUIT OF HAPPINESS THROUGH GANDHI’S SIMPLE LIVING AND HIGH THINKING
Bubbles (Or, Some Reflections On The Basic Laws Of Human Relations), Donald J. Kochan
Dec 2014
Bubbles (Or, Some Reflections On The Basic Laws Of Human Relations), Donald J. Kochan
Donald J. Kochan
Very few of us want to live in the absolute isolation of a “bubble.” Most humans cherish the capacity to interact with their external environment even when we know that, at times, such exposure makes us susceptible to all sorts of negative effects ranging from mere annoyance to the contraction of deadly illnesses. Yet, because there are so many positive elements and benefits from that interaction and exposure, we often are willing to take the bitter with the sweet. We tolerate much external exposure to bad things in order to take advantage of the collisions with the good things that …
Keepings, Donald J. Kochan
Dec 2014
Keepings, Donald J. Kochan
Donald J. Kochan
Individuals usually prefer to keep what they own; property law develops around that assumption. Alternatively stated, we prefer to choose whether and how to part with what we own. Just as we hold affection and attachment for our memories, captured in the lyrics of the George Gershwin classic, so too do most individuals adopt a “they can’t take that away from me” approach to property ownership.
We often focus on the means of acquisition or transfer in property law. We look less often at the legal rules that support one’s ability to keep what one owns. Yet, it is precisely …
Constituencies And Contemporaneousness In Reason-Giving: Thoughts And Direction After T-Mobile, Donald J. Kochan
Dec 2014
Constituencies And Contemporaneousness In Reason-Giving: Thoughts And Direction After T-Mobile, Donald J. Kochan
Donald J. Kochan
This Article presents a framework for reason giving requirements in administrative law that includes a demand on agencies that reasons be produced contemporaneously with agency decisions where multiple constituencies (including regulated entities) and not just the courts (and judiciary review) are served and respected as consumers of the reasons. The Article postulates that the January 2015 decision by the U.S. Supreme Court in the case of T-Mobile South, LLC v. City of Roswell may prove to be groundbreaking and stir this framework to the forefront of administrative law decisionmaking. There are some fundamental yet very understated lessons in the T-Mobile …
