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Full-Text Articles in Law
Bitproperty, Joshua A.T. Fairfield
Bitproperty, Joshua A.T. Fairfield
Scholarly Articles
Property is the law of lists and ledgers. County land records, stock certificate entries, mortgage registries, UCC filings on personal property, United States Copyright and Patent registries of interests in intellectual property, bank accounts, domain name systems, and consumers’ Kindle eBook collections in the cloud — all are merely entries in a list, determining who owns what.
Each such list has suffered under a traditional limitation. To prevent falsification or duplication, a single entity must maintain the list, and users must trust (and pay) that entity. As a result, transactions must proceed at significant expense and delay. Yet zero or …
Rluipa: Re-Aligning Burdens Of Proof, Clarifying Freedoms, And Re-Defining Responsibilities, George P. Smith Ii, Philip M. Donoho
Rluipa: Re-Aligning Burdens Of Proof, Clarifying Freedoms, And Re-Defining Responsibilities, George P. Smith Ii, Philip M. Donoho
Scholarly Articles
Into the breach primed by the U.S. Supreme Court’s decision in Employment Division Department of Human Resources v. Smith in 1990, Congress plunged headlong, dragging along with it a judiciary charged with enforcement of a mandate only defined ambiguously. Thus, in 2004 the Religious Land Use and Institutionalized Persons Act (RLUIPA) was passed and heralded as a legislative sum certain — a “clear” articulation of Congress’ balancing of local zoning prerogative with idiosyncratic religious use. It has proved anything but; for, since its passage, the results of litigation have remained resolutely immune to coherent explanation, as the Federal Circuit courts …