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Full-Text Articles in Law
Properties Of Community, Gregory Alexander, Eduardo Peñalver
Properties Of Community, Gregory Alexander, Eduardo Peñalver
Gregory S Alexander
No abstract provided.
The Dilution Of The Trust, Gregory Alexander
The Dilution Of The Trust, Gregory Alexander
Gregory S Alexander
Trust-like arrangements are appearing in civil law jurisdictions at an increasing rate. Two or three decades ago, such a development would have been unthinkable. But few, if any, of the new arrangements are true trusts, that is, trusts as the common lawyer would recognize them. These civilian arrangements are diluting the trust. For example, the Draft EU Directive on Protected Funds, which appeared in 2009, does not authorize the trust but rather what we might the “trust-lite.” This paper considers some reasons for the spread of these trust-like devices and discusses possible implications for common-law trusts.
An Introduction To Property Theory, Gregory Alexander, Eduardo Peñalver
An Introduction To Property Theory, Gregory Alexander, Eduardo Peñalver
Gregory S Alexander
This book surveys the leading modern theories of property – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian, and human flourishing – and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain, and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories …
Property And Community, Gregory Alexander, Eduardo Peñalver
Property And Community, Gregory Alexander, Eduardo Peñalver
Gregory S Alexander
No abstract provided.
Property, Michael Schill, Gregory Alexander, Jesse Dukeminier, James Krier
Property, Michael Schill, Gregory Alexander, Jesse Dukeminier, James Krier
Gregory S Alexander
No abstract provided.