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Full-Text Articles in Law
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Michigan Law Review
Property was dead, to begin with. The coroner, Wesley Newcomb Hohfeld, revealed that the unity, tangibility, and objectivity of property perceived by our ancestors was a phantom. Property is, in fact, merely a "bundle of sticks." When conceptualized as a collection of rights, property loses its distinctive qualities and its essence. It therefore does not, or at least should not, exist. Without unity and physicality, property loses its objectivity and can only be a myth. The rabble might still believe in the old gods of property, but the educated "specialists" now know that this was vulgar superstition. Once the populace …
Public Land Management Decisions Affecting Water Rights: The Issue Of Requiring By- Pass Flows As A Condition Of National Forest Special Use Permits For Water Facilities, David H. Getches
Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)
12 pages.
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
42 pages (includes illustrations and map).
Contains endnotes.
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains footnotes.
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
6 pages.
Book Review--Global Dimensions Of Intellectual Property Rights In Science And Technology, Mark J. Patterson
Book Review--Global Dimensions Of Intellectual Property Rights In Science And Technology, Mark J. Patterson
Vanderbilt Journal of Transnational Law
A complete reading of the book leaves open the question of for whom the book is primarily intended. The best answer perhaps is that it has something to offer everyone--lawyer, scientist, intellectual property owner, economist, and politician--having an intellectual curiosity in how global intellectual property systems can and should evolve. From an individual reader's perspective, a cover to cover study of the book may leave the reader feeling overwhelmed and unsatisfied. However, if viewed as a resource, from which portions applicable to the reader's own field of interest are selected for close examination, the book has much to offer. Fortunately, …
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Cleveland State Law Review
Most articles and books that have been written on immigration policy start from a utilitarian position. They discuss issues such as whether immigration, on balance, is more harmful than beneficial, and whether allowing immigrants into the country results in job losses, increases in welfare costs, aids in economic growth, and so forth. This article is distinctly different in focus. Although utilitarian themes are discussed, this article places the main emphasis on the relationship between property rights and immigration policy.
Book Review, Land Use Regulation And Legal Rhetoric: Broadening The Terms Of Debate, R. S. Radford
Book Review, Land Use Regulation And Legal Rhetoric: Broadening The Terms Of Debate, R. S. Radford
Fordham Urban Law Journal
Dennis Coyle’s new book, Property Rights and the Constitution, is an important addition to the ongoing debate over the constitutional status of private property. Coyle selectively reviews important land use cases decided by the United States Supreme Court and various states in the post-New Deal era. More importantly, Coyle provides an ideological framework that illuminates several key strands in the constitutional jurisprudence of property law. Coyle traces the ebb and flow of competing attitudes toward property rights and regulation in a way that makes sense of the sometimes chaotic body of case law in this field. In the process, he …
Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier
Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier
Articles
In March 1993, the EPA auctioned off 150,010 sulfer dioxide emissions permits at the Chicago Board of Trade. The auction brought in $21.4 million and ushered in the Clean Air Act's market-based approach to sulfur dioxide control. Congress created these marketable pollution allowances (MPAs) under Title IV of the Clean Air Act Amendments of 19903 to regulate acid rain pollution. While most MPAs were bought by utilities, to be exchanged as a commodity according to need, some MPAs were removed from the market solely to prevent their use by polluters. The Cleveland-based National Healthy Air License Exchange bought one allowance …
Property Rights: A View From The Trenches, Michael A. Heller
Property Rights: A View From The Trenches, Michael A. Heller
Articles
How do governments create - or in some countries recreate - basic property rights that citizens demand in the transition to a market economy? My first comment, quite briefly, is on the debate within this Symposium on the relationship between constitutional reforms and the emergence of new property regimes. Second, I will comment on the counterintuitive property rights regime that is emerging from the "big bang" - the post-1989 collapse of the old socialist legal order in Central and Eastern Europe and the former Soviet Union and its replacement with a new, market-oriented system of property rights.
Property Rights: A View From The Trenches, Michael A. Heller
Property Rights: A View From The Trenches, Michael A. Heller
Faculty Scholarship
How do governments create – or in some countries recreate - basic property rights that citizens demand in the transition to a market economy? My first comment, quite briefly, is on the debate within this Symposium on the relationship between constitutional reforms and the emergence of new property regimes. Second, I will comment on the counterintuitive property rights regime that is emerging from the "big bang" – the post-1989 collapse of the old socialist legal order in Central and Eastern Europe and the former Soviet Union and its replacement with a new, market-oriented system of property rights.