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Articles 1 - 26 of 26
Full-Text Articles in Law
Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman
Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman
Faculty Publications
No abstract provided.
Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon
Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon
Scholarship Chronologically
The Supreme Court in several recent cases has flirted with the notion that labor gives one an entitlement to ownership: a legal right to bar others from the fruits of that labor or to extract payment from them if they use the fruits without permission. Sometimes articulated in terms of "natural rights," and sometimes in terms of "fairness," this notion is at apparent odds with contract law's insistence that the only "fruits of labor" one is obligated to pay for are those one has agreed in advance to buy.
Water Marketing And The Law, Mark Squillace
Water Marketing And The Law, Mark Squillace
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
13 pages.
Legal Devices For Enhancing Water Diversion Opportunities Within The Appropriation System, David C. Hallford
Legal Devices For Enhancing Water Diversion Opportunities Within The Appropriation System, David C. Hallford
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
28 pages.
Water Agencies And Water Transfers In California: A Case Study Of The Kern County Water Agency, Brian E. Gray
Water Agencies And Water Transfers In California: A Case Study Of The Kern County Water Agency, Brian E. Gray
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
20 pages.
Contains references.
The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock
The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
31 pages (includes 1 map).
Update On Market Strategies For The Protection Of Western Instream Flows And Wetlands, Robert Wigington
Update On Market Strategies For The Protection Of Western Instream Flows And Wetlands, Robert Wigington
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
49 pages.
Contains references.
Sources Of Water Iv: Tribal Water Rights, John E. Echohawk
Sources Of Water Iv: Tribal Water Rights, John E. Echohawk
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
10 pages.
Contains references.
Sources Of Water Iii: Interstate Transfers, Clyde O. Martz
Sources Of Water Iii: Interstate Transfers, Clyde O. Martz
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
35 pages.
Contains references.
Changing Demand For Water In The West, Kenneth D. Frederick
Changing Demand For Water In The West, Kenneth D. Frederick
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
19 pages.
Contains references.
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.
Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.
The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …
Real Property Survey, Ronald B. Brown
The Second Generation Of Notes Indexed For Inflation, Michael S. Knoll
The Second Generation Of Notes Indexed For Inflation, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
State Control Of Great Lakes Water Diversion, J. David Prince
State Control Of Great Lakes Water Diversion, J. David Prince
Faculty Scholarship
This article focuses on the law relevant to the issue of interbasin diversion of Great Lakes water, the policies reflected in that law, and the limitations of the law on such diversions and on the ability of the Great Lakes states to control proposed diversions. It concludes with an argument for regional as opposed to national or state-by-state decision making on the issue of diversions and a suggested mechanism for facilitating such regional decision making.
Consent, Coercion, And "Reasonableness" In Private Law: The Special Case Of The Property Owners, Robert G. Natelson
Consent, Coercion, And "Reasonableness" In Private Law: The Special Case Of The Property Owners, Robert G. Natelson
Faculty Law Review Articles
This article examines property owner association decision making and the current standards of judicial review that prevail in reported cases.
Part II outlines the factual and legal background of property owner associations. Part III provides an overview of the consent/coercion debate. Part IV addresses regulation without consent. Part V analyzes measuring utility under the efficiency principle. Part VI examines measuring harm under the unanimity and compensation principles. Part VII explores protection of personhood interests.
Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder
Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder
Articles by Maurer Faculty
No abstract provided.
Running With The Land In Montana, Robert G. Natelson
Running With The Land In Montana, Robert G. Natelson
Faculty Law Review Articles
This article examines Montana statutory sections on covenants running with the land and their life in the Montana courts. Part II outlines the common law of running covenants as it appeared on the eve of codification. Part III describes the origin and theory of the Field Civil Code. Part IV examines the original intent of the codifiers and legislature that adopted the statutes regulating land covenants. Part V reviews relevant Montana case law regarding these statutes. Part VI offers suggestions regarding changes in Montana jurisprudence of land covenants.
The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson
The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson
Scholarly Works
This Article looks at aspects of a particular societal problem as it was approached at different historical periods in Roman, French, and American property law. The main point of the Article is to clarify understanding of the American course of development through an awareness of how the problem was dealt with elsewhere. This awareness will cast doubt on the simplicity of the American course of development as explained in a distinguished book, and on the relationship of the legal development to economic change. In THE TRANSFORMATION OF AMERICAN LAW, 1780-1860, Morton J. Horwitz seeks "to show that one of the …
Real Property, E. F. Roberts
Real Property, E. F. Roberts
Cornell Law Faculty Publications
Ours is an era during which a whole year's worth of developments rule-wise can be brought up on a desktop screen already broken down by subject and subdivided into discrete topics. In high-tone academic neighborhoods this causes pundits to impose upon this already ordered material a new twist, re-ordering it around themes derived from economics, sociology, or even street corner opinion polling. Bean counting and number crunching are felt necessary, and understandably so, if one is to add something "intellectual" to what the machines have spewed out. The life of an old-fashioned lawyer has become hard indeed in this Republic, …
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
Faculty Publications
No abstract provided.
Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Darwin, Donations, And The Illusion Of Dead Hand Control, Jeffrey E. Stake
Darwin, Donations, And The Illusion Of Dead Hand Control, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
The (Unlikely) Death Of Property, James E. Krier
The (Unlikely) Death Of Property, James E. Krier
Articles
Is property dead? Thomas Grey has argued that it is.' If he is right, we have an answer to the principal question of this symposium panel, which asks whether regulation and property are allies or enemies. If Professor Grey is right, they are neitherbecause property no longer exists. If he is wrong (as I believe he partly is), then, I argue, regulation and property are allies and enemies alike, and will remain so.
Wealth And Property, Thomas W. Merrill
Wealth And Property, Thomas W. Merrill
Faculty Scholarship
Professor Stephen Munzer's study of property rights is an ambitious work. Drawing on sources as diverse as Hohfeld, Hegel, Locke, civic republicanism, Marx, the classic utilitarians, and Rawls, he seeks to develop a "pluralist" theory of property, one that synthesizes a variety of philosophical perspectives into a single "basic theory" that can be used to assess and promote the reform of different property systems. Like most attempts to achieve a grand philosophical synthesis, however, this one ultimately fails. The most obvious problem is that Munzer's basic theory is too vague and unwieldy to generate determinate answers to the kinds of …
Creation And Commercial Value: Copyright Protection Of Works Of Information, Jane C. Ginsburg
Creation And Commercial Value: Copyright Protection Of Works Of Information, Jane C. Ginsburg
Faculty Scholarship
In 1899, Augustine Birrell, a Victorian barrister, lamented: "The question of copyright has, in these latter days, with so many other things, descended into the market-place, and joined the wrangle of contending interests and rival greedinesses." Birrell's remark conveys distaste for those authors who would "realise the commercial value of their wares." But the question of copyright has always been joined with that of commercial value. Indeed, by affording authors limited monopoly protection for their writings, our Constitution relies on wrangling greed to promote the advancement of both creativity and profit. Nonetheless, the distinction Birrell implies between copyrightworthy works of …
Resolving The Flaws Of Residential Servitudes Associations: For Reformation Not Termination, Gerald Korngold
Resolving The Flaws Of Residential Servitudes Associations: For Reformation Not Termination, Gerald Korngold
Articles & Chapters
No abstract provided.