Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
The Evolving Internet: Patterns In Usage And Pricing, Daniel Lyons
The Evolving Internet: Patterns In Usage And Pricing, Daniel Lyons
Daniel Lyons
No abstract provided.
An Introduction To Property Theory, Gregory Alexander, Eduardo Peñalver
An Introduction To Property Theory, Gregory Alexander, Eduardo Peñalver
Gregory S Alexander
This book surveys the leading modern theories of property – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian, and human flourishing – and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain, and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories …
Housing 101, Tim Iglesias
Housing 101, Tim Iglesias
Tim Iglesias
This presentation is a primer on how housing (particularly affordable housing) is developed and the challenges it faces.
Interview, Candidate Speech And Broadcaster Responsibilities Beat The Press, Daniel Lyons
Interview, Candidate Speech And Broadcaster Responsibilities Beat The Press, Daniel Lyons
Daniel Lyons
No abstract provided.
Presentation, Dodd-Frank And The Administrative Law Of Cooperative Federalism, Daniel Lyons
Presentation, Dodd-Frank And The Administrative Law Of Cooperative Federalism, Daniel Lyons
Daniel Lyons
No abstract provided.
The Political Rhetoric Of Property And Natural Resource Ownership: A Meditation On Chance, Taxation And Appalachia, Jill Fraley
The Political Rhetoric Of Property And Natural Resource Ownership: A Meditation On Chance, Taxation And Appalachia, Jill Fraley
Jill M. Fraley
No abstract provided.
Throw The Book At Them: Testing Mortgagor Remedies In Foreclosure Proceedings After U.S. Bank V. Ibanez, Claire Ward
Throw The Book At Them: Testing Mortgagor Remedies In Foreclosure Proceedings After U.S. Bank V. Ibanez, Claire Ward
Claire Alexis Ward
This article takes one state, Massachusetts, as its focus for a perspective on the residential mortgage foreclosure crisis. U.S. Bank v. Ibanez, in early 2011, signaled a changing tide which began to hold banks accountable for the shoddy practices they frequently used to foreclose. However, the promise of Ibanez was unfulfilled as successor cases failed to follow through with its vision. Mortgagor actions brought in the trial courts to prevent foreclosure have been unsuccessful with the elemental actions based in consumer protection, contract, and equity. However, this article proposes new and novel solutions to force banks to be held accountable …
Reunifying Property In The Classroom: Starting With The Questions, Not The Answers, Tim Iglesias
Reunifying Property In The Classroom: Starting With The Questions, Not The Answers, Tim Iglesias
Tim Iglesias
This essay argues that the myriad property doctrines and rules are answers to several consistent legal questions, and that these questions provide a useful framework for teaching Property law. The problem with Property Law courses is that we cover a slew of topics in which we load students up with a wide variety of (often conflicting) answers to these questions without ever revealing that all of the doctrines and rules are responses to the same set of questions.
The proposed framework offers the questions as reference points for navigating the sea of common law Property doctrines and rules. A student …