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Articles 1 - 9 of 9

Full-Text Articles in Law

Recognition And Reflection Jan 2015

Recognition And Reflection

Texas A&M Journal of Property Law

No abstract provided.


What Is Owed: Obligation’S Relevance In Property And Intellectual Property Theory Jan 2015

What Is Owed: Obligation’S Relevance In Property And Intellectual Property Theory

Texas A&M Journal of Property Law

No abstract provided.


Moral Obligation And Natural Capital Commons On Private Land: Perspectives On Peter Gerhart’S Property Law And Social Morality Jan 2015

Moral Obligation And Natural Capital Commons On Private Land: Perspectives On Peter Gerhart’S Property Law And Social Morality

Texas A&M Journal of Property Law

No abstract provided.


From Social Recognition Of Property To Political Recognition By The State: Peter Gerhart’S Property Law And Social Morality And The Evolution Of Positive Rights Jan 2015

From Social Recognition Of Property To Political Recognition By The State: Peter Gerhart’S Property Law And Social Morality And The Evolution Of Positive Rights

Texas A&M Journal of Property Law

No abstract provided.


On Corrective Justice And Rights In Property: A Comment On Property Law And Social Morality Jan 2015

On Corrective Justice And Rights In Property: A Comment On Property Law And Social Morality

Texas A&M Journal of Property Law

No abstract provided.


Property, Morality, And Moral Psychology: Comments On Gerhart’S Property Law And Social Morality Jan 2015

Property, Morality, And Moral Psychology: Comments On Gerhart’S Property Law And Social Morality

Texas A&M Journal of Property Law

No abstract provided.


Reflections An Property As A Social Good Jan 2015

Reflections An Property As A Social Good

Texas A&M Journal of Property Law

In this reflection, Professor Gerhart relates the ideas of the symposium contributors to his goals in writing Property Law and Social Morality. In doing so, he reflects, in Part I, on his attempt to separate politics from private law property theory, and, in Part II, on how his framework theory provides a mechanism for integrating ideas about the content of legal doctrine from a wide variety of intellectual disciplines. In the first Part of his reflection, Professor Gerhart comments on the corrective justice/distributive justice distinction, related theories of human flourishing, and on rights theories. In the second Part of the …


On Bargaining For Development, Timothy M. Mulvaney Jan 2015

On Bargaining For Development, Timothy M. Mulvaney

Faculty Scholarship

In his recent article, Bargaining for Development Post-Koontz, Professor Sean Nolon concludes that the Supreme Court’s recent ill-defined expansion of the circumstances in which land use permit conditions might give rise to takings liability in Koontz v. St. John’s River Water Management District will chill the state’s willingness to communicate with permit applicants about mitigation measures. He sets out five courses that government entities might take in this confusing and chilling post-Koontz world, each of which leaves something to be desired from the perspective of both developers and the public more generally.

This responsive essay proceeds in two parts. First, …


A Moral Theory Of Property Jan 2015

A Moral Theory Of Property

Texas A&M Journal of Property Law

No abstract provided.