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Articles 1 - 17 of 17
Full-Text Articles in Law
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Show Me The Note!, William K. Akina, Bradley T. Borden, David J. Reiss
Show Me The Note!, William K. Akina, Bradley T. Borden, David J. Reiss
Faculty Scholarship
No abstract provided.
Property: A Bundle Of Sticks Or A Tree?, Anna Di Robilant
Property: A Bundle Of Sticks Or A Tree?, Anna Di Robilant
Faculty Scholarship
In the United States, property debates revolve around two conceptual models of property: the ownership model, originally developed in Europe and now revisited by information theorists and classical liberal theorists of property, and the bundle of rights model, invented in the United States by Hohfeld and the Realists. This article retrieves an alternative concept of property, the tree concept of property. The tree concept of property was developed by European property scholars between 1900 and the 1950s, as part of Europe’s own “realist” moment. It envisions property as a tree: the trunk representing the owner’s right to govern the use …
Green Leasing - It's Not Just About Capital Expenditures, Richard J. Sobelsohn
Green Leasing - It's Not Just About Capital Expenditures, Richard J. Sobelsohn
Faculty Scholarship
No abstract provided.
Just Undercompensation: The Idiosyncratic Premium N Eminent Domain, Brian A. Lee
Just Undercompensation: The Idiosyncratic Premium N Eminent Domain, Brian A. Lee
Faculty Scholarship
No abstract provided.
Foreground Principles, Timothy M. Mulvaney
Foreground Principles, Timothy M. Mulvaney
Faculty Scholarship
The U.S. Supreme Court has declared for decades that, for Takings Clause purposes, property interests are not created by the Constitution but rather are determined by “existing rules or understandings that stem from an independent source such as state law.” However, the Court has exhibited a strong normative preference for a certain type of independent source — “background principles” of the common law — over others, namely state statutory and administrative law. This Article calls this preference into question.
The Article develops a model to demonstrate the four basic categories, or quadrants, of takings decisions that extensive reliance on the …
Of Smart Phone Wars And Software Patents, Stuart Graham, Saurabh Vishnubhakat
Of Smart Phone Wars And Software Patents, Stuart Graham, Saurabh Vishnubhakat
Faculty Scholarship
Among the main criticisms currently confronting the US Patent and Trademark Office are concerns about software patents and what role they play in the web of litigation now proceeding in the smart phone industry. We will examine the evidence on the litigation and the treatment by the Patent Office of patents that include software elements. We present specific empirical evidence regarding the examination by the Patent Office of software patents, their validity, and their role in the smart phone wars. More broadly, this article discusses the competing values at work in the patent system and how the system has dealt …
The Paradoxes Of Restitution, Mark A. Edwards
The Paradoxes Of Restitution, Mark A. Edwards
Faculty Scholarship
Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.
First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.
Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …
Dirty Remics, Revisited, David J. Reiss, Bradley T. Borden
Dirty Remics, Revisited, David J. Reiss, Bradley T. Borden
Faculty Scholarship
No abstract provided.
New Formalism In The Aftermath Of The Housing Crisis, Nestor M. Davidson
New Formalism In The Aftermath Of The Housing Crisis, Nestor M. Davidson
Faculty Scholarship
The housing crisis has left in its wake an ongoing legal crisis. After housing markets began to collapse across the country in 2007, foreclosures and housing-related bankruptcies surged significantly and have barely begun to abate more than six years later. As the legal system has confronted this aftermath, courts have increasingly accepted claims by borrowers that lenders and other entities involved in securitizing mortgages failed to follow requirements related to perfecting and transferring their security interests. These cases – which focus variously on issues such as standing, real party in interest, chains of assignment, the negotiability of mortgage notes, and …
The Emperor's New Loans: A Cautionary Tale From The Subprime Era, David J. Reiss
The Emperor's New Loans: A Cautionary Tale From The Subprime Era, David J. Reiss
Faculty Scholarship
No abstract provided.
Statutory Foreclosures In Arkansas: The Law And Recent Developments, Lynn C. Foster
Statutory Foreclosures In Arkansas: The Law And Recent Developments, Lynn C. Foster
Faculty Scholarship
No abstract provided.
The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster
The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster
Faculty Scholarship
Two recent independent reports have revealed that Arkansas's residential landlord-tenant law is significantly out of balance with that of other states and, moreover, is arguably unconstitutional in part. How did this come about, and why is Arkansas so different?
Qualified Conservation Restrictions: Recollections Of And Reflections On The Origins Of Section 170(H), Theodore S. Sims
Qualified Conservation Restrictions: Recollections Of And Reflections On The Origins Of Section 170(H), Theodore S. Sims
Faculty Scholarship
It has been over thirty years since Congress added to the Internal Revenue Code section 170(h), which allows a deduction for contributions to charity of “qualified conservation restrictions,” commonly known as “conservation easements”. That provision was adopted over the objections of the Treasury, who had expressed reservations of both a conceptual and practical nature about the legislation, which the Treasury viewed as more than ordinarily vulnerable to abuse. I was invited to participate in this symposium, not because I have any expertise in working with these restrictions—I don’t—but to provide some perspective on what might have motivated the Treasury thirty-plus …
Some Pluralism About Pluralism: A Comment On Hanoch Dagan’S “Pluralism And Perfectionism In Private Law”, Jedediah Purdy
Some Pluralism About Pluralism: A Comment On Hanoch Dagan’S “Pluralism And Perfectionism In Private Law”, Jedediah Purdy
Faculty Scholarship
No abstract provided.
Contested Shore: Property Rights In Reclaimed Land And The Battle For Streeterville, Joseph D. Kearney, Thomas W. Merrill
Contested Shore: Property Rights In Reclaimed Land And The Battle For Streeterville, Joseph D. Kearney, Thomas W. Merrill
Faculty Scholarship
Land reclaimed from navigable waters is a resource uniquely susceptible to conflict. The multiple reasons for this include traditional hostility to interference with navigable waterways and the weakness of rights in submerged land. In Illinois, title to land reclaimed from Lake Michigan was further clouded by a shift in judicial understanding in the late nineteenth century about who owned the submerged land, starting with an assumption of private ownership but eventually embracing state ownership. The potential for such legal uncertainty to produce conflict is vividly illustrated by the history of the area of Chicago known as Streeterville, the area of …
Some Pluralism About Pluralism: A Comment On Hanoch Dagan's "Pluralism And Perfectionism In Private Law", Jedediah S. Purdy
Some Pluralism About Pluralism: A Comment On Hanoch Dagan's "Pluralism And Perfectionism In Private Law", Jedediah S. Purdy
Faculty Scholarship
Hanoch Dagan is among “those who think it advantageous to get as much ethics into the law as they can,” in the phrase of Oliver Wendell Holmes, Jr. His pluralism is a perfectionism for polytheists: There are many human goods, and each has its domain, including some portion of the law of property. Depending on where we stand on the property landscape at any time, we may be community-minded sharers, devoted romantics in marriage, or coolly rational market actors, and the local property law will smooth each of these paths for us. Property law is built on the design of …