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Articles 1 - 2 of 2
Full-Text Articles in Law
The [̶T̶A̶K̶I̶N̶G̶S̶] Keepings Clause: An Analysis Of Framing Effects From Labeling Constitutional Rights, Donald J. Kochan
The [̶T̶A̶K̶I̶N̶G̶S̶] Keepings Clause: An Analysis Of Framing Effects From Labeling Constitutional Rights, Donald J. Kochan
Donald J. Kochan
Did you know that the “Takings Clause” was not called the “Takings Clause” by any court before 1955? That was the first time that any court of any jurisdiction referred to the provisions regarding takings of private property in either the federal or state constitutions under the label “Taking Clause.” Did you know that justices of the U.S. Supreme Court did not use that moniker “Taking Clause” in any opinion before 1978? Given this history, the phrase “takings clause,” whether an apt descriptor or not, certainly cannot be justified as the dominant way to refer to these provisions by contemporaneous …
Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, Donald J. Kochan
Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, Donald J. Kochan
Donald J. Kochan
Pride and property are mutually reinforcing, symbiotic concepts through which individuals express their identity in a biologically, economically, and psychologically driven manner that generates evolutionarily advantageous conditions. This Article is the first to extensively examine the correlative components of pride and property ownership. It is an interdisciplinary treatment of pride and property — engaging with law, economics, psychology, evolutionary biology, evolutionary psychology, and philosophy. The grossly under-studied “authentic”, achievement-oriented, and motivational variety of pride (as contrasted with the much-vilified “hubristic” kind) has recently been heralded as perhaps the most important human emotion for evolutionary purposes. The Article explains that authentic …