Law Commons^™

Picturing Takings, Lee Anne Fennell

Notre Dame Law Review

Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task of finding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.

The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne

Louisiana Law Review

No abstract provided.

No One Saw It Coming - Again Systemic Risk And State Foreclosure Proceedings: Why A National Uniform Foreclosure Law Is Necessary, Helen Mason

University of Miami Law Review

No abstract provided.

The Nexus Of The Tip: The Proper Analysis Of Property And Contract Rights To The Tip, Matthew I. Knepper

UNLV Gaming Law Journal

The act of tipping defies explanation under traditional economic models. While the tip is voluntary in nature, it is difficult to ascertain precisely what consumers receive in return. Even more difficult to determine is exactly who or what the consumer is tipping. Is it the person he hands the tip to, or is it the underlying service giving rise to the tip? This question is the basis for two lawsuits, which as of the time of this writing are making their way through Nevada’s state and federal courts.

These cases illustrate the difficult nature of determining the respective rights of …

The Roberts Court Gets Down To Business: The Business Cases, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.

Improving Patent Notice And Remedies: A Critique Of The Ftc's 2011 Report, Alan Devlin

Michigan Telecommunications & Technology Law Review

2011 was an eventful year for those interested in patent law. In March, the Federal Trade Commission ("FTC") released a report that urges the Patent and Trademark Office ("PTO") and courts to remedy perceived inadequacies underlying the U.S. patent system. The FTC observes that people of skill in the art routinely encounter difficulty in determining the meaning, and hence exclusive scope, of a patent's claims. Not only does this failure of notice stymie the efficient dispersion of technology throughout the economy, the FTC argues, but the judicial process can aggravate the problem by granting inappropriate remedies in patent-infringement cases. Then, …

Property As Control: The Case Of Information, Jane B. Baron

Michigan Telecommunications & Technology Law Review

If heath policy makers' wishes come true, by the end of the current decade the paper charts in which most of our medical information is currently recorded will be replaced by networked electronic health records ("EHRs").[...] Like all computerized records, networked EHRs are difficult to secure, and the information in EHRs is both particularly sensitive and particularly valuable for commercial purposes. Sadly, the existing federal statute meant to address this problem, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), is probably inadequate to the task.[...] Health law, privacy, and intellectual property scholars have all suggested that the river …

The Case For Imperfect Enforcement Of Property Rights, Abraham Bell, Gideon Parchomovsky

University of Pennsylvania Law Review

A persistent theme in the literature on property rights suggests that perfect state protection of private property rights would provide owners with an optimal incentive to invest in their assets. In this Essay, we challenge this view. Specifically, we argue that in many instances, perfect state protection would result in over-investment in resources. This is because perfect enforcement gives rise to a problem akin to the moral hazard problem that plagues insurance markets. In addition to pointing out this problem, we define the conditions under which it may arise in the real world and discuss the measures law should take …