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Full-Text Articles in Law
Objects Of Art; Objects Of Property, Gregory S. Alexander
Objects Of Art; Objects Of Property, Gregory S. Alexander
Cornell Law Faculty Publications
Seemingly worlds apart, art and the law of property in fact share much in common. Some of this shared space is obvious, the result of their intersection through property law's protection and regulation of art. But another aspect of their commonality is considerably less obvious. Both rely, implicitly and in ways not always acknowledged, on assumptions about objects in the world-thing-ness. That is, both have relied, or traditionally have done so, on certain assumptions about the nature of objects-the objects of art and the objects of property-and the upshot of those assumptions is that those objects are characterized by thing-ness, …
Real + Imaginary = Complex: Toward A Better Property Course, James Grimmelmann
Real + Imaginary = Complex: Toward A Better Property Course, James Grimmelmann
Cornell Law Faculty Publications
“Property” in most law schools means real property: the dense, illogical, and special-purpose body of land law. But this is wrong: property also comes in personal, intangible, and intellectual flavors—all of them more important to modern lawyers than land. Real property is deeply unrepresentative of property law, and focusing our teaching on it sells the subject short. A better property course would fully embrace these other forms of property as real property’s equals. Escaping the traditional but labyrinthine classifications of real property frees teachers to bring out the underlying conceptual coherence and unity of property law. The resulting course is …
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Cornell Law Faculty Publications
Money damages can operate to restore the dignity of a person who has been injured in tort or deprived of property. A financial award or settlement conveys an acknowledgment of the wrong and signals the reestablishment of equity between defendant and plaintiff. Whether the award is seen as adequate to fully restore dignity is influenced by context, especially comparison cases. And financial compensation directly provided by the defendant holds greater promise for dignity restoration.