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Full-Text Articles in Law
Virtual Property, Joshua A.T. Fairfield
Virtual Property, Joshua A.T. Fairfield
Scholarly Articles
This article explores three new concepts in property law. First, the article defines an emerging property form - virtual property - which is not intellectual property, but that more efficiently governs rivalrous, persistent, and interconnected online resources. Second, the article demonstrates that the threat to high-value uses of internet resources is not the traditional tragedy of the commons that results in overuse. Rather, the naturally layered nature of the internet leads to overlapping rights of exclusion that cause underuse of internet resources: a tragedy of the anticommons. And finally, the article shows that the common law of property can act …
Re-Validating The Doctrine Of Anticipatory Nuisance, George P. Smith Ii
Re-Validating The Doctrine Of Anticipatory Nuisance, George P. Smith Ii
Scholarly Articles
The law of nuisance has long been seen as the heart of real property law - this because of its distributive and re-distributive force in land use. In its present form, while often ad hoc in application, a nuisance is defined generally as merely some interference with the use and enjoyment of the land. The most common remedy to abate a nuisance is injunctive relief in equity. Yet, judicial creativity has been seen through the use of such remedies as awards of permanent damages and the compensated injunction. The doctrine of anticipatory nuisance is brought into focus usually when a …