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- Property-Personal and Real (3)
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- Akhil Amar (1)
- Alexander Nekam (1)
- Alf Ross (1)
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- American republicanism (1)
- Analysis (1)
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- Application of foreign law in the courts (1)
- Autonomy (1)
- Axel Hagerstrom (1)
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Articles 1 - 30 of 37
Full-Text Articles in Law
History As Ideology In The Basic Property Course, Gregory S. Alexander
History As Ideology In The Basic Property Course, Gregory S. Alexander
Gregory S Alexander
Why has history played such a prominent role in the basic property course in the twentieth century? Such a loaded question requires some explanation. Legal history is doubtless used in all the first-year common-law courses, but I have the impression that since Langdell's time it has been more conspicuous in property than in the other basic courses. At least let us provisionally accept this rather dogmatic assertion in order to examine the more interesting questions: what function has the historical perspective served in property, and what other function might history serve in the course?
The Ambiguous Work Of "Natural Property Rights", Gregory S. Alexander
The Ambiguous Work Of "Natural Property Rights", Gregory S. Alexander
Gregory S Alexander
No abstract provided.
Pensions And Passivity, Gregory S. Alexander
Pensions And Passivity, Gregory S. Alexander
Gregory S Alexander
This article discusses how modem fiduciary law has extended equity's tradition of constructing ownership as passive through the corporate pension system. It examines how the corporate pension system as a mode of owning pooled capital is a new stage of passive ownership. This stage creates a different aspect of the familiar problem of separating control from beneficial ownership. Berle and Means argued that the problem that the separation of control from ownership created was economic. The interests of managers and shareholders in the modern corporation diverge, and, they argued, this divergence diminishes the overall efficiency of the modern economy, dominated …
Michelman As Doctrinalist, Gregory S. Alexander
Michelman As Doctrinalist, Gregory S. Alexander
Gregory S Alexander
Presented at the 2004 Brigham-Kanner Property Rights Conference.
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Gregory S Alexander
We are a society of groups. De Tocqueville's observation that the principle of association shapes American society remains as valid today as it was in the mid-nineteenth century. For us, as for others, the vita activa is participation in a seemingly limitless variety of groups. The importance of group activity in our national character has strongly influenced the agenda of political questions that recur in American political and legal theory. One of the fundamental normative questions on this agenda concerns the proper relationship between groups and the polity. To what extent should the polity foster connections between associations and the …
The Limits Of Property Reparations, Gregory S. Alexander
The Limits Of Property Reparations, Gregory S. Alexander
Gregory S Alexander
Human history is replete with examples of unjustified expropriations of property by conquering states and other transitory regimes. Only in modern times, however, have nations attempted systematically to remedy historical injustices by providing reparations to the dispossessed owners or their successors. From the aboriginal peoples of the Antipodes to the Native Americans of Canada and the U.S. to the European victims of the German and Soviet communism, groups of people who were stripped of their land and possessions by fraud or force are demanding, and in many cases getting, reparations for these injustices. The thesis of this paper is that …
Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander
Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander
Gregory S Alexander
No abstract provided.
Takings, Narratives, And Power, Gregory S. Alexander
Takings, Narratives, And Power, Gregory S. Alexander
Gregory S Alexander
"The Regulatory Takings Problem" is the title given to a story, or narrative, that has become prominent in the literature on just compensation issues. The story is one of power and fear. It is about a perceived imbalance of power between the two groups of actors involved in the process of public land-use regulation--private landowners and government regulators. It depicts scenarios of past or threatened abuse of power by local land-use regulators, and it looks to the takings clause generally and regulatory takings doctrine specifically as crucial corrective devices, essential to set the power imbalance aright. The dominant narrative describes …
Ademption And The Domain Of Formality In Wills Law, Gregory S. Alexander
Ademption And The Domain Of Formality In Wills Law, Gregory S. Alexander
Gregory S Alexander
The 1990 revision of the Uniform Probate Code ("UPC") marks the second stage of probate reform in the second half of this century. The first stage was the adoption of the original UPC. While it included some changes in the substantive law of wills, its primary objective was to simplify probate procedure. The second stage, by contrast, focuses almost entirely on the substantive law of wills and will substitutes. It changes several of the primary rules of wills law, including the traditional rule requiring strict compliance with execution formalities. It also makes significant changes in the subsidiary rules of wills …
Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Gregory S. Alexander, Mary L. Fellows
Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Gregory S. Alexander, Mary L. Fellows
Gregory S Alexander
In this paper we develop two theses. First, we argue that uniform law proposals that ask courts and practitioners to abandon revered legal traditions and ways of thinking about estates and trusts, even when they are intent-furthering proposals, face resistance until in time the glories of the past and the risks of a new legal regime fade in importance in legal thought. Second, we argue that, especially within an environment in which states seek to gain competitive advantage over their counterparts in other states, the glories of the past and the risks of a new legal regime fade fastest when …
Playing With Fire, Gregory S. Alexander
A Statement Of Progressive Property, Gregory S. Alexander, Eduardo M. Peñalver, Joseph W. Singer, Laura S. Underkuffler
A Statement Of Progressive Property, Gregory S. Alexander, Eduardo M. Peñalver, Joseph W. Singer, Laura S. Underkuffler
Gregory S Alexander
What would a progressive theory of property look like? Although such a theory might take root within any number of specific normative frameworks, this Statement of Progressive Property outlines several features progressive theories of property should have in common. The Statement argues that we should understand property as both an idea and an institution, that property confers power and shapes community, both in its legal and social dimensions, and that property should be understood as serving plural and incommensurable values whose accommodation is possible through reasoned deliberation and practical judgment.
Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson
Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson
Gregory S Alexander
Ante-mortem probate stands as a significant recent development in the American law of wealth succession. It confronts a problem that seriously impairs our probate system, the depredatious will contest, and promises to help revitalize the probate process. Already enacted in several states and currently under active study by the Joint Editorial Board of the Uniform Probate Code and the National Conference of Commissioners on Uniform State Laws, ante-mortem probate is likely to be widely implemented in some form. But while legislators and academics alike support ante-mortem probate as a general idea, disagreement has emerged over the specific form it should …
Time And Property In The American Republican Legal Culture, Gregory S. Alexander
Time And Property In The American Republican Legal Culture, Gregory S. Alexander
Gregory S Alexander
Modern historians including J.G.A. Pocock and Gordon Wood have demonstrated the degree to which revolutionary American political discourse incorporated "civic republican" notions of virtue, property, and citizenship that promoted stable land ownership and active political participation. These historians also have argued that the republican view soon gave way to the now-dominant liberal view that champions the alienability of property and private over public life. Professor Alexander argues that this history is too neat. In fact, American republicanism contained unreconciled "dialectical" tensions—between individual rights and societal goals, stability of ownership and wealth redistribution, historical continuity and change—that, though now expressed in …
"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander
"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander
Gregory S Alexander
No area of American property law has been more controversial in recent years than the government regulation of uses of private property. No aspect of American constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the requirement that the government pay compensation for takings of property. The purpose of this essay is to acquaint the non-American legal scholar who is unfamiliar with the recent developments in the United States Supreme Court “takings” jurisprudence. The essay does not presuppose any background knowledge about either American constitutional or property law. Instead it attempts to familiarize …
Dilemmas Of Group Autonomy: Residential Associations And Community , Gregory S. Alexander
Dilemmas Of Group Autonomy: Residential Associations And Community , Gregory S. Alexander
Gregory S Alexander
No abstract provided.
Commentary On Presentations Of Prof. Roberta S. Karmel & Prof. James A. Fanto, Gregory S. Alexander
Commentary On Presentations Of Prof. Roberta S. Karmel & Prof. James A. Fanto, Gregory S. Alexander
Gregory S Alexander
No abstract provided.
Commentaries: The Ambiguous Work Of “Natural Property Rights”, Gregory S. Alexander
Commentaries: The Ambiguous Work Of “Natural Property Rights”, Gregory S. Alexander
Gregory S Alexander
The three fascinating papers by Dick Helmholz, Jim Ely, and Mark Tushnet prompt me to ask, why was there so much talk among late 18th and 19th century American lawyers about property as a "natural" right and why has the language persisted today? More specifically, what work is the rhetoric of "natural property rights" intended to do? This is not the proper occasion for developing anything like complete answers to those questions, but I do want to offer three lines of thought that might begin to approach a fuller explanation of the puzzling persistence of natural-property-rights talk.
Demythologizing Property And The Illusion Of Rules: A Response To Two Friendly Critics, Gregory S. Alexander
Demythologizing Property And The Illusion Of Rules: A Response To Two Friendly Critics, Gregory S. Alexander
Gregory S Alexander
No abstract provided.
A Cognitive Theory Of Fiduciary Relationships, Gregory S. Alexander
A Cognitive Theory Of Fiduciary Relationships, Gregory S. Alexander
Gregory S Alexander
Is there anything special or distinctive about fiduciary relationships? Or is the term "fiduciary" nothing more than a label that obscures rather than clarifies? Recently, several law-and-economics scholars, building on the economic literature on agency costs, have argued that nothing categorically distinguishes fiduciary from nonfiduciary legal relationships. So-called fiduciary relationships, they argue, are nothing more or less than contractual relationships. This Essay hypothesizes that courts possess a fairly well-developed schema of the fiduciary role, but have not developed a comparable schema for ordinary contracting parties. The fiduciary role-schema often makes courts more likely to over-interpret behavior of fiduciaries than in …
Comparing The Two Legal Realisms—American And Scandinavian, Gregory S. Alexander
Comparing The Two Legal Realisms—American And Scandinavian, Gregory S. Alexander
Gregory S Alexander
No abstract provided.
The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander
The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander
Gregory S Alexander
In recent academic writing on the general problem of constitutional protection of property under the takings clause and due process clauses, a mode of analysis has emerged that is evidently different from the conventional analysis of constitutional property claims. In general terms, this new mode is characterized by an effort to analyze claims on an openly teleological and systematic basis. To be sure, this mode is not exclusively of recent origin. But it is a discernible trend in the body of scholarship that discusses constitutional protection of property in the context of previously unfamiliar sorts of private economic interests. Most …
Cognitive Theory Of Fiduciary Relationships , Gregory S. Alexander
Cognitive Theory Of Fiduciary Relationships , Gregory S. Alexander
Gregory S Alexander
No abstract provided.
The Application And Avoidance Of Foreign Law In The Law Of Conflicts: Variations On A Theme Of Alexander Nekam, Gregory S. Alexander
The Application And Avoidance Of Foreign Law In The Law Of Conflicts: Variations On A Theme Of Alexander Nekam, Gregory S. Alexander
Gregory S Alexander
Lying at the heart of all conflicts theories is a recognition that the function of the law of conflicts is to ensure rational and just solutions to controversies involving foreign elements. A just and rational solution is one that somehow accommodates those elements. This does not mean that the foreign law must be applied but simply suggests that at least some attention should be paid to that law in the process of resolving disputes. From these relatively uncontroversial postulates, one moves to the more difficult problem of defining the role of foreign law in the conflicts setting. Attention in this …
Pluralism And Property, Gregory S. Alexander
Pluralism And Property, Gregory S. Alexander
Gregory S Alexander
No abstract provided.
Properties Of Community, Gregory S. Alexander, Eduardo M. Peñalver
Properties Of Community, Gregory S. Alexander, Eduardo M. Peñalver
Gregory S Alexander
Theories of property presuppose conceptions of community, and of the individual's relationship to community. In contrast to the dominant theories of community at work within most Anglo-American property theorizing, which view community obligations as fundamentally instrumental and contractual, we propose in this paper a theory that views the relationship between the individual and community as constitutive and substantive. Human beings' dependence on others to flourish imposes on political communities and their individual members a shared obligation to foster and contribute to the creation and maintenance of those structures necessary for that flourishing. This obligation in turn qualifies individual rights of …
The Conservatorship Model: A Modification, Gregory S. Alexander
The Conservatorship Model: A Modification, Gregory S. Alexander
Gregory S Alexander
Reform-minded probate lawyers have discussed the idea of ante-mortem probate for many years. Yet, owing to several seemingly unavoidable defects, it has never attracted widespread support and only recently has been implemented anywhere in the United States. In his article, Living Probate: The Conservatorship Model, Professor John Langbein has eliminated many of those defects and has made the idea much more feasible. In doing so, he has contributed to the development of simple, convenient, and efficient systems of probate. However, his proposal introduces new flaws that threaten the practical working of his procedural model. Basically, Langbein proposes that living probate …
Insight Problem Solving: A Critical Examination Of The Possibility Of Formal Theory, William H. Batchelder, Gregory E. Alexander
Insight Problem Solving: A Critical Examination Of The Possibility Of Formal Theory, William H. Batchelder, Gregory E. Alexander
Gregory S Alexander
This paper provides a critical examination of the current state and future possibility of formal cognitive theory for insight problem solving and its associated “aha!” experience. Insight problems are contrasted with move problems, which have been formally defined and studied extensively by cognitive psychologists since the pioneering work of Alan Newell and Herbert Simon. To facilitate our discussion, a number of classical brainteasers are presented along with their solutions and some conclusions derived from observing the behavior of many students trying to solve them. Some of these problems are interesting in their own right, and many of them have not …
Takings And The Post-Modern Dialectic Of Property, Gregory S. Alexander
Takings And The Post-Modern Dialectic Of Property, Gregory S. Alexander
Gregory S Alexander
No abstract provided.
The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander
The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander
Gregory S Alexander
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997