Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Property (2)
- Access (1)
- Beneficiaries (1)
- CFAA (1)
- Children (1)
-
- Click-through (1)
- Copyright (1)
- DMCA (1)
- Descendants (1)
- Eminent domain (1)
- Estate tax (1)
- Estates (1)
- Future interests (1)
- History (1)
- Information (1)
- Insurance (1)
- Just compensation (1)
- Perpetual trusts (1)
- Perpetuities (1)
- Rule Against Perpetuities (1)
- Taking (1)
- Transfer tax (1)
- Transfers (1)
- Trespass (1)
- Trusts (1)
- Uniform Statutory Rule Against Perpetuities (1)
- Uniform acts (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Eminent Domain Economics: Should ‘Just Compensation’ Be Abolished, And Would ‘Takings Insurance’ Work Instead?, Steve Calandrillo
Eminent Domain Economics: Should ‘Just Compensation’ Be Abolished, And Would ‘Takings Insurance’ Work Instead?, Steve Calandrillo
Articles
In a defeat for staunch property rights advocates, the Supreme Court ruled this spring that a prohibition on land development in the Tahoe basin did not amount to a de facto taking of land such that the constitutional mandate of just compensation was triggered. The Tahoe decision highlights the struggle in eminent domain jurisprudence over the proper treatment of so-called regulatory takings. It has long been taken for granted that when the government exercises its power of eminent domain to take private property in the name of the public good, it must reimburse displaced landowners. While compensation for physical takings …
Rights Of Access And The Shape Of The Internet, Michael J. Madison
Rights Of Access And The Shape Of The Internet, Michael J. Madison
Articles
This Article reviews recent developments in the law of access to information, that is, cases involving click-through agreements, the doctrine of trespass to chattels, the anti-circumvention provisions of the Digital Millennium Copyright Act, and civil claims under the Computer Fraud and Abuse Act. Though the objects of these different doctrines substantially overlap, the different doctrines yield different presumptions regarding the respective rights of information owners and information consumers. The Article reviews those presumptions in light of different metaphorical premises on which courts rely: Internet-as-place, in the trespass, DMCA, and CFAA contexts, and contract-as-assent, in the click-through context. It argues that …
The Rise Of The Perpetual Trust, Jesse Dukeminier, James E. Krier
The Rise Of The Perpetual Trust, Jesse Dukeminier, James E. Krier
Articles
For more than two centuries, the Rule against Perpetuities has served as the chief means of limiting a transferor's power to tie up property by way of successive contingent interests. But recently, at least seventeen jurisdictions in the United States have enacted statutes abolishing the Rule in the case of perpetual (or near-perpetual) trusts. The prime mover behind this important development has been the federal Generation-Skipping Transfer Tax. This Article traces the gradual decline of the common law Rule against Perpetuities, considers the dynamics behind the recent wave of state legislation, examines the problems that might result from the rise …