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Note On Singer's The Legal Rights Debate In Analytical Jurisprudence From Betham To Hohfeld - 1984, Wendy J. Gordon Dec 1984

Note On Singer's The Legal Rights Debate In Analytical Jurisprudence From Betham To Hohfeld - 1984, Wendy J. Gordon

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The economic realm is the area in which these sorts of privileges are most obviously to be found; it is in the economic realm that the evidence of "damnum absque injuria" began to accumulate, leading Homes, Salmond and others to recognize that the legal system did sometimes allow persons to inflict harm on others.


Note On Goetz's Law And Economics: Cases And Materials - 1984, Wendy J. Gordon Dec 1984

Note On Goetz's Law And Economics: Cases And Materials - 1984, Wendy J. Gordon

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No abstract provided.


Note On The House Of Cards: Revisiting Calabresi's Cathedral - 1984, Wendy J. Gordon Sep 1984

Note On The House Of Cards: Revisiting Calabresi's Cathedral - 1984, Wendy J. Gordon

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No one has taught us as much about law and economics as Calabresi, and nowhere so much as in the "Property Rights" article he wrote with Douglas Melamed twenty years ago. While the insights of that piece still retain their clarifying power, it's time for a reassessment. In giving us a newly empowered vocabulary and a mode of analysis, Calabresi and Melamed gave us a somewhat flawed picture of the world.


Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon Jan 1984

Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon

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No abstract provided.


Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon Jan 1984

Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon

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My analysis now looks something like this: Some entitlements should be "prima facie" protectible from invasion. That means that there are some entitlements which the owner should be able to protect even if he or she is unable to prove (a) that protection is in the net social interest or (b) that the invader's action is deserving of punishment. I would call these entitlements "property".


Draft Of Conceptual/Linguistic Analysis - 1984, Wendy J. Gordon Jan 1984

Draft Of Conceptual/Linguistic Analysis - 1984, Wendy J. Gordon

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Conceptually, what I'm interested in here is the extent to which the labels “tort” and “property” have utility. So I am interested in discovering also what these categories mean, how they can be used, and the danger in their misuse.


Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon Jan 1984

Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon

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The "misappropriation as property" issue has surfaced in Lanham Act