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Articles 1 - 5 of 5

Full-Text Articles in Law

Property As Entrance, Eduardo M. Peñalver Dec 2005

Property As Entrance, Eduardo M. Peñalver

Cornell Law Faculty Publications



A Jeffersonian Republic By Hamiltonian Means: Values, Constraints & Finance In An Authentic American Ownership Society, Robert C. Hockett Nov 2005

A Jeffersonian Republic By Hamiltonian Means: Values, Constraints & Finance In An Authentic American Ownership Society, Robert C. Hockett

Cornell Law Faculty Publications

This article, the second in a trilogy, interprets American ownership-spreading programs past and present under the aspect of a comprehensive theory of "the American ownership society" (OS) developed in its predecessor article, titled Whose Ownership? Which Society? It also identifies what appears to be a significant gap in our efforts to become a comprehensive OS thus far.

By early in the 20th century, we had developed and implemented a number of highly innovative and successful programs dedicated to the task of spreading human and nonhuman capital (in the form of arable land in particular) quite broadly. Since about the 1930s, …


Gone Too Far: Measure 37 And The Perils Of Over-Regulating Land Use, Sara C. Bronin Apr 2005

Gone Too Far: Measure 37 And The Perils Of Over-Regulating Land Use, Sara C. Bronin

Cornell Law Faculty Publications

In November 2004, Oregonians passed a ballot measure, Measure 37, that presented a radical remedy for landowners by preventing the state from engaging in regulatory takings without compensating landowners. It required that local governments either monetarily compensate landowners whose properties fall in value as a result of land use regulations or, under certain conditions, exempt those landowners from the regulations altogether. At its core, Measure 37 addressed Oregon voters' concern that - for all the good the land use system had done - the government had gone too far in prohibiting landowners from using their land as they saw fit. …


On The Right To Private Property And Entitlement To One's Income, Andrei Marmor Jan 2005

On The Right To Private Property And Entitlement To One's Income, Andrei Marmor

Cornell Law Faculty Publications

No abstract provided.


Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander Jan 2005

Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander

Cornell Law Faculty Publications