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Articles 1 - 8 of 8
Full-Text Articles in Law
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, W. William Weeks, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, W. William Weeks, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson
Articles by Maurer Faculty
Climate change has significant consequences for land conservation. Government agencies and nonprofit land trusts heavily rely on perpetual conservation easements. However, climate change and other dynamic landscape changes raise questions about the effectiveness and adaptability of permanent conservation instruments like conservation easements. Building upon a study of 269 conservation easements and interviews with seventy conservation-easement professionals in six different states, we examine the adaptability of conservation easements to climate change. We outline four potential approaches to enhance conservation outcomes under climate change: (1) shift land-acquisition priorities to account for potential climate-change impacts; (2) consider conservation tools other than perpetual conservation …
Sheldon Halpern And The Right Of Publicity, Marshall A. Leaffer
Sheldon Halpern And The Right Of Publicity, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
"Economic Property Rights" As "Nonsense Upon Stilts": A Comment On Hodgson, Daniel H. Cole
"Economic Property Rights" As "Nonsense Upon Stilts": A Comment On Hodgson, Daniel H. Cole
Articles by Maurer Faculty
Hodgson's (2015) critique of extra-legal 'property rights' - in this case, so-called 'economic property rights' - is right on target. This Comment contributes two further points to his critique. First, the notion of 'economic property rights' is based on what Gilbert Ryle (1949) referred to as a 'category mistake', conflating physical possession, which is a brute fact about the world, with the right or entitlement to possession, which is a social or institutional fact that cannot exist in the absence of some social contract, convention, covenant, or agreement. The very notion of a non-institutional 'right' is oxymoronic. Second, the fact …
Virtual Property, Joshua Fairfield
Virtual Property, Joshua Fairfield
Articles by Maurer Faculty
This article explores three new concepts in property law. First, the article defines an emerging property form - virtual property - that is not intellectual property, but that more efficiently governs rivalrous, persistent, and interconnected online resources. Second, the article demonstrates that the threat to high-value uses of internet resources is not the traditional tragedy of the commons that results in overuse. Rather, the naturally layered nature of the internet leads to overlapping rights of exclusion that cause underuse of internet resources: a tragedy of the anticommons. And finally, the article shows that the common law of property can act …
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Property As Government In Eighteenth-Century America: The Case Of New York City, Hendrik Hartog
Property As Government In Eighteenth-Century America: The Case Of New York City, Hendrik Hartog
Articles by Maurer Faculty
No abstract provided.
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Articles by Maurer Faculty
No abstract provided.
Geothermal Development And Western Water Law, A. Dan Tarlock, Owen Olpin, Carl F. Austin
Geothermal Development And Western Water Law, A. Dan Tarlock, Owen Olpin, Carl F. Austin
Articles by Maurer Faculty
No abstract provided.