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Full-Text Articles in Law
The Illusory Right To Abandon, Eduardo M. Peñalver
The Illusory Right To Abandon, Eduardo M. Peñalver
Cornell Law Faculty Publications
The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law’s concern to safeguard the individual autonomy interests that many contemporary commentators have identified as lying at the heart of the concept of private ownership. The doctrine supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so, typically by renouncing possession of the object in a way that communicates the intent to forgo any future claim to it. A complication immediately arises, however, due to …
Developing The Final Frontier: Defining Private Property Rights On Celestial Bodies For The Benefit Of All Mankind, Taylor R. Dalton
Developing The Final Frontier: Defining Private Property Rights On Celestial Bodies For The Benefit Of All Mankind, Taylor R. Dalton
Cornell Law School J.D. Student Research Papers
Sustainable colonization and exploitation of the lunar surface, Mars, or near by asteroids is still decades away. However, NASA, the Obama Administration, and other agencies around the world have shown a growing interest in establishing a human presence on the moon, mars, and beyond.
Unfortunately, the legal regime concerning the use of the Moon and other celestial bodies, which is necessary to further development in outer space, is largely unsettled. One important unsettled area is the ownership status of celestial bodies and whether private property rights on those bodies are permissible and desirable.
This Paper takes the view that private …
Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford
Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford
Cornell Law School J.D. Student Research Papers
This article reviews Max Weber’s scholarly work pertaining to property, beginning with his first dissertation and ending with the compilation that is Economy and Society. Three phases of Weber’s work are described in detail: a legal phase, an economic-historical phase, and a sociological phase. It is argued that the sociological phase represents the culmination of the two prior phases, drawing on material and arguments from those earlier phases. In the sociological phase of his writing, it is argued that Weber developed a theory of property that is capable of accounting for that phenomenon in all of its dimensions: structural, material, …
The Truth About Property Rules: Some Obstacles To The Economic Analysis Of Remedies, Emily Sherwin
The Truth About Property Rules: Some Obstacles To The Economic Analysis Of Remedies, Emily Sherwin
Cornell Law Faculty Publications
Property Rules, as famously described by Calabresi and Melamed, are remedial rules that place a prohibitively high penalty on violations of rights. This essay examines two aspects of property rules. In each case, the form of the rule is critically important. The first question addressed is the capacity of property rules to affect behavior that takes place outside the context of litigation. Most economic analysis assumes that when a right is protected by a property rule, the property rule will guide private decisionmaking at the time of a contemplated violation, and possibly before that time. Yet, to have this effect, …
The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg
The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg
Cornell Law Faculty Publications
Civil justice issues play a prominent role in society. Family law issues such as divorce and child custody, consumer victimization issues raised by questionable trade practices, and tort issues raised by surprisingly high estimated rates of medical malpractice, questionable prescription drug practices, and other behaviors are part of the fabric of daily life. Policymakers and interest groups regularly debate and assess whether civil problems are best resolved by legislative action, agency action, litigation, alternative dispute resolution, other methods, or some combination of actions. Yet we lack systematic quantitative knowledge about the primary events in daily life that generate civil justice …
Solar Rights For Texas Property Owners, Sara C. Bronin
Solar Rights For Texas Property Owners, Sara C. Bronin
Cornell Law Faculty Publications
In response to Jamie France's note, A Proposed Solar Access Law for the State of Texas, Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids. Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. …
A Fixer-Upper For Finance, Robert C. Hockett
A Fixer-Upper For Finance, Robert C. Hockett
Cornell Law Faculty Publications
Three facts bear notice in connection with our current financial troubles. The first is that the First World War, before the Second began, was known as "the Great War." The second is that the global Depression that struck between those two wars, which for now we can still label "Great," commenced with the burst of a multiyear real estate price bubble prior to the 1929 stock market crash. The third is that the U.S. accordingly addressed that depression through mutually reinforcing new regimes not only of financial regulation, but also of home mortgage finance - the very reforms that brought …