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Full-Text Articles in Law
Property Vs. Political Holdouts. The Case Of The Tgv Rail Line Lyon-Budapest In Italy, Livia C. Navone
Property Vs. Political Holdouts. The Case Of The Tgv Rail Line Lyon-Budapest In Italy, Livia C. Navone
Livia C. Navone
While the law and economics literature commonly justifies the takings power on the ground that it is necessary to overcome holdouts and, thus, allow efficient development projects to move forward, this paper shows that the standard theory is highly incomplete. It conveniently ignores the ability of politically powerful groups to block development projects by exercising their de facto veto power over proposed projects. Such groups do not necessarily have rights in any properties directly affected by the project. Consequently, once these groups, which I label “political holdouts,” are added to the analysis, it becomes clear that the payment of just …
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property, And Restitution, Jacqueline Lipton
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property, And Restitution, Jacqueline Lipton
Jacqueline D Lipton
The year 2009 marks the tenth anniversary of domain name regulation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake. Early cybersquatters registered Internet domain names corresponding with other’s trademarks to sell them for a profit. However, this practice was quickly and easily contained. New practices arose in domain name markets, not initially contemplated by the drafters of the ACPA and the UDRP. One example is clickfarming – using domain names to generate revenues from click-on …
Fiber Optic Foxes: Virtual Objects And Virtual Worlds Through The Lens Of Pierson V. Post And The Law Of Capture, John W. Nelson
Fiber Optic Foxes: Virtual Objects And Virtual Worlds Through The Lens Of Pierson V. Post And The Law Of Capture, John W. Nelson
John W. Nelson
Virtual worlds are more successfully blurring the lines between real and virtual. This tempts many to try and equate virtual property with tangible property. Such an equation creates problems when the common law of property is applied to virtual objects over which users can not possess complete dominion and control. The result is a conversion of the tangible resources that support virtual worlds into a virtual commons. Accordingly, the common law of contracts, rather than that of property, should be used to govern transactions between a user and owner of a virtual world.
Trust Law And The Title-Split: A Beneficial Perspective, Kent D. Schenkel
Trust Law And The Title-Split: A Beneficial Perspective, Kent D. Schenkel
Kent D Schenkel
Recent functional analyses of the trust tend to emphasize its effect on the parties to the trust deal and give less attention to the nature of the beneficiary’s interest, especially in relation to persons outside the trust transaction. In contrast, this article takes a critical approach to the trust from the primary perspective of the benefits it provides to beneficiaries. From this perspective, it finds that while the trust maintains the flexibility of a contract it also restricts legal interests of third parties who are strangers to the trust bargain; a feat that contracts are unable to accomplish. Third parties …
Virtual Property, Real Concerns, Nelson S. Dacunha
Virtual Property, Real Concerns, Nelson S. Dacunha
Nelson S DaCunha
The status of digital property protection, especially in virtual worlds, is uncertain to say the least. Several theories have been postulated supporting the case for property rights for players of virtual worlds. Game designers have likewise provided support for maintaining full rights to all aspects of their games. North American society outside of the gaming world, and the legal establishment have written off virtual world property as either child’s play, a passing fad, or too complex to regulate effectively. Virtual worlds, however, have a large economic foothold and deal with large amounts of real money. These virtual worlds will likely …
Public Communities, Private Rules, Hannah Wiseman
Public Communities, Private Rules, Hannah Wiseman
Hannah Wiseman
As the American population grows, communities are seeking creative property tools to control individual land uses and create defined community aesthetics. In the past, private covenants were the sole mechanism to address this sort of need. Public communities, however, have begun to implement covenant-type or “private” rules, through zoning overlays, which place unusually detailed restrictions on individual property uses and, in so doing, creating new forms of “rule-bound” communities. While these communities are important, as they respond to consumers’ demand for a community aesthetic, this article will also highlight their unique problems. Many community consumers are marginally familiar with private …
Securitization Of Patents And Its Continued Viability In Light Of The Current Economic Conditions, Aleksandar Nikolic
Securitization Of Patents And Its Continued Viability In Light Of The Current Economic Conditions, Aleksandar Nikolic
Aleksandar Nikolic
No abstract provided.
Presentation: Vpr Ordinances, Benton C. Martin
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
Erin Ryan
As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …
The Assault On Classical Legal Thought In Colombia (1886-1920), Jorge Gonzalez-Jacome
The Assault On Classical Legal Thought In Colombia (1886-1920), Jorge Gonzalez-Jacome
Jorge Gonzalez-Jacome
The topic of this paper is the tensions among classical legal thought (CLT) and other modes of legal thought in Colombia between 1886 and 1920. My main claim is that, during this period, CLT was attacked by a version of traditionalism and by a social-based legal thought. The former was evident in the constitutional discussions around the 1886 Colombian Constitution, while the latter became apparent in the interpretation of the Civil Code in areas such as property, contracts and torts. My goal is to tell a story that gives a sense of the fall of CLT as a process crossed …