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Full-Text Articles in Law
The Illusion Of Fiscal Illusion In Regulatory Takings, Bethany R. Berger
The Illusion Of Fiscal Illusion In Regulatory Takings, Bethany R. Berger
American University Law Review
No abstract provided.
Appropriability And Property, Yonatan Even
Appropriability And Property, Yonatan Even
American University Law Review
This paper challenges the malleability of the idea of property as a relative, indeterminate "bundle of rights", which appears to dominate property doctrine at least since Ronald Coase's "The Problem of Social Cost". Focusing on the core goals of property regimes, the paper proposes an alternative view of property rights - one that is centered on the ability of owners to appropriate the benefits of their assets in the face of a threat from numerous potential adversaries, rather than their ability to contract such assets away within a bilateral context. This appropriability problem, it is argued, is a defining concept …