Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
Property's Morale, Nestor M. Davidson
Property's Morale, Nestor M. Davidson
Michigan Law Review
A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled "demoralization costs." Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join …
The Accession Insight And Patent Infringement Remedies, Peter Lee
The Accession Insight And Patent Infringement Remedies, Peter Lee
Michigan Law Review
What is the appropriate allocation of rights and obligations when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this outcome merely underscores the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset. This Article draws upon accession-a physical property doctrine …
Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer
Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer
Indiana Law Journal
2010 Harris Lecture, delivered April 5, 2010, Indiana University, Maurer School of Law, Bloomington, Indiana
Más Vale Malo Conocido Que…: El Efecto Dotación Y Los Pronósticos Teóricos Del Teorema De Coase, Daniel Monroy
Más Vale Malo Conocido Que…: El Efecto Dotación Y Los Pronósticos Teóricos Del Teorema De Coase, Daniel Monroy
Daniel A Monroy C
Some studies of the "endowment effect" in behavioral economics have criticized the theoretical prediction of the Coase Theorem even in its most basic formulation. This document describes the evidence of the existence of this "anomaly" in individual decision-making in various contexts in order to determine the possible general implications of this effect in the economic analysis itself especially as an explanation for the sometimes, insuperable gap between the willingness to accept for giving a right and the correlative willingness to pay to get it, also the paper describes a contradiction with the assumption of reversibility of preferences at any dot …
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
Publications
This Article offers suggestions about the appropriate definition of the five words "the social function of property"-so pregnant with meaning and promise, yet for many so ill defined. Although the Article does not address the development of the notion of the social function of property within a particular national tradition or experience, it makes reference to a wide range (with respect both to location and type of property) of examples from across Latin America and the Caribbean. In doing so, the Article seeks to do three things. First, it makes the normative case that "the social function of property" can …
Self Interested: Protecting The Cultural And Religious Privacy Of Native Americans Through The Promotion Of Property Rights In Biological Materials, Kimberly Self
American Indian Law Review
No abstract provided.
Condemning The Decisions Of The Past, Christopher Serkin
Condemning The Decisions Of The Past, Christopher Serkin
Vanderbilt Law School Faculty Publications
This brief Essay, part of a Fordham Urban Law Journal Symposium on eminent domain in New York, argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond to the will of the people. The essay proposes that eminent domain allows government to depart from the policy choices of administrations which came before and is therefore a tool for preserving "democratic legitimacy." It explores this theory by examining examples such as breaking up the adult use zones in Times Square and reclaiming New York's waterfront.
Pro-Gun Property Regulation: How The State Of Oklahoma Controls The Property Rights Of Employers Through Firearm Legislation, J. Blake Patton
Pro-Gun Property Regulation: How The State Of Oklahoma Controls The Property Rights Of Employers Through Firearm Legislation, J. Blake Patton
Oklahoma Law Review
No abstract provided.
Contesting Property Rights: Towards An Integrated Theory Of Institutional And System Change, Katharina Pistor
Contesting Property Rights: Towards An Integrated Theory Of Institutional And System Change, Katharina Pistor
Faculty Scholarship
It is widely recognized that institutions are embedded in social systems and that institutions as well as social systems change over time. Several implications follow: First, institutions cannot be described and analyzed without referring to the system in which they operate; conversely, a system cannot be described without reference to its core institutions. Second, systems foster institutional change and can breed new institutions. Third, institutional change can have systemic implications and may even engender the formation of new systems. In short, the relation between institutions and systems is characterized by complex interactions. A better understanding of the dynamics of institutional …
The World Of Deadwood: Property Rights And The Search For Human Identity, Michael B. Kent Jr., Lance Mcmillian
The World Of Deadwood: Property Rights And The Search For Human Identity, Michael B. Kent Jr., Lance Mcmillian
Michael B. Kent Jr.
The year is 1876. Gold has been discovered in the fledgling camp of Deadwood, bringing hordes of new arrivals each day seeking to strike it rich. The allure of wealth is coupled with the allure of complete autonomy. There is no law. Although part of the United States, Deadwood is unaffiliated with any existing territorial government. It is free. Or is it? From this backdrop, HBO’s highly-acclaimed drama Deadwood springs forth. Series creator David Milch is frank about his mission behind the story: to explore how order arises from chaos. The assignment and protection of property rights play central roles …