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Full-Text Articles in Law
The Durability Of Private Claims To Public Property, Bruce R. Huber
The Durability Of Private Claims To Public Property, Bruce R. Huber
Journal Articles
Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …
Intellectual Property, Privatization And Democracy: A Response To Professor Rose, Mark P. Mckenna
Intellectual Property, Privatization And Democracy: A Response To Professor Rose, Mark P. Mckenna
Journal Articles
The broad thesis of Professor Rose's article Privatization: The Road to Democracy? is an important reminder that no institution deserves all the credit for democratization, and that the success of any particular institution in promoting democracy depends to a greater or lesser extent on the existence and functioning of other political institutions. While protection of private property has proven quite important to successful democratic reform, we should not be lulled into thinking private property can carry the whole weight of reform. That lesson has particular significance in the context of intellectual property, given proponents general tendency to overstate the significance …
A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett
A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett
Journal Articles
The government exempts religious associations from taxation and, in return, restricts their putatively political expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well-suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion - i.e., that it is a private matter - and of its proper place - i.e., in the private sphere, not …
Dogmatomachy - A "Privatization" Theory Of The Religion Clause Cases, Gerard V. Bradley
Dogmatomachy - A "Privatization" Theory Of The Religion Clause Cases, Gerard V. Bradley
Journal Articles
In the wake of Everson v. Board of Education, the Supreme Court has enforced a scheme of privatizing religion. However, this privatization scheme is met with criticism. One such criticism is this Article’s proposition that this scheme destroys religious consciousness in order to stymie religious factions. Through an examination of the normative view of privatization and its application to recent cases, the Author argues that hostility to religious consciousness is the denial of religious liberty as it reduces religion from an objective truth to a subjective preference.