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Articles 1 - 4 of 4

Full-Text Articles in Law

The Rightness And Utility Of Voluntary Repatriation, David Rudenstine Jan 2001

The Rightness And Utility Of Voluntary Repatriation, David Rudenstine

Articles

No abstract provided.


Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine Jan 2001

Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine

Articles

No abstract provided.


The Dynamic Analytics Of Property Law, Michael A. Heller Jan 2001

The Dynamic Analytics Of Property Law, Michael A. Heller

Articles

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.


The Liberal Commons, Hanoch Dagan, Michael A. Heller Jan 2001

The Liberal Commons, Hanoch Dagan, Michael A. Heller

Articles

Following the Civil War, black Americans began acquiring land in earnest; by 1920 almost one million black families owned farms. Since then, black rural landownership has dropped by more than 98% and continues in rapid decline-there are now fewer than 19,000 black-operated farms left in America. By contrast, white-operated farms dropped only by half, from about 5.5 million to 2.4 million. Commentators have offered as partial explanations the consolidation of inefficient small farms and intense racial discrimination in farm lending. However, even absent these factors, the unintended effects of old-fashioned American property law might have led to ...