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Full-Text Articles in Law
“What’S Yours Can Be Mine: Are There Any Private Takings After City Of New London V. Kelo?” , David A. Schultz
“What’S Yours Can Be Mine: Are There Any Private Takings After City Of New London V. Kelo?” , David A. Schultz
David A Schultz
This article examines the use of eminent domain in light of the Kelo v. City of New London Supreme Court decision. After a review of state takings litigation the conclusion is that the courts can and still do find that private takings can occur but that the judiciary is able to protect against them.
Seeds Of Hope: Agricultural Technologies And Poverty Alleviation In Rural South Africa, Karol C. Boudreaux
Seeds Of Hope: Agricultural Technologies And Poverty Alleviation In Rural South Africa, Karol C. Boudreaux
Karol C. Boudreaux
Despite having the largest economy in Africa, many of South Africa’s citizens grapple with poverty. For rural residents especially, poverty is pervasive, and hunger a very real threat. Government efforts to improve the lives of smallholder farmers and other rural residents are slow to bear fruit. Monsanto South Africa addresses these needs with its Combi- Pack, a box containing enough maize seed, herbicide, and fertilizer to plant ¼ hectare of maize. Combi-Packs are part of the phenomenon known as marketing to the “bottom of the pyramid.” Large corporations design and sell products and services to very low-income consumers, billions of …
Property Rights And Resource Conflict In Sudan, Karol C. Boudreaux
Property Rights And Resource Conflict In Sudan, Karol C. Boudreaux
Karol C. Boudreaux
The genocidal conflict in the western region of Sudan- Darfur-is often characterized as an ethnic and religious struggle. However, underlying the fighting between black African farmers against Arab janjaweed militia is a struggle over access to, and control of, increasingly scarce fertile land. This chapter presents a very brief history of the wars in Sudan. It also presents an economic analysis of property rights as it applies in this case. The chapter argues that efforts to resolve these conflicts will not be successful unless underlying property disputes are resolved and until the Sudanese government improves the institutional environment in which …
The Effects Of Property Titling In Langa Township, South Africa, Karol C. Boudreaux
The Effects Of Property Titling In Langa Township, South Africa, Karol C. Boudreaux
Karol C. Boudreaux
This paper explores the role titling programs play in alleviating poverty in a township outside Cape Town, South Africa. Successive South African government have worked to provide secure title to formerly disenfranchised citizens. Today, most non-shack dwelling in Langa Township have registered titles. Has this effort resulted in economic growth? The answer is a qualified yes. Titleholders engage in incremental improvements but make little use of titles as collateral for commercial credit. Reasons for the general relutance among homeonwers in this township to use their titles as collateral are examined.
Taxing Alternatives: Poverty Alleviation And The South African Taxi/Minibus Industry, Karol C. Boudreaux
Taxing Alternatives: Poverty Alleviation And The South African Taxi/Minibus Industry, Karol C. Boudreaux
Karol C. Boudreaux
South Africa's transporation landscape is a legacy of apartheid. Apartheid-era laws forcibly moved black South Africans out of city centers to surrounding townships. In rural areas, black South Africans were moved off valuable farmland and onto marginally productive homelands. Laws and regulations limiting employment opportunities meant that black citizens lived far from work. Under the National Party government, the ability to serve people who wanted to travel from home to work or home to shopping areas, etc. was severely resitricted. So too was the ability to travel. The minibus industry arose in response to these restrictions. It began as a …
Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy
Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy
Benedict Sheehy
Abstract: Shareholders rights advocates argue that shareholders have the right to control the corporation. This article examines the basis for the claims. It begins with an analysis of rights, then moves to an analysis of legal rights, which is followed by an analysis of property rights as a species of legal rights. The article then examines the historical context, rationale and development of shareholder rights which leads to the analysis of current shareholders’ rights. The article concludes with some comments and suggestions concerning future development of corporate governance thinking.