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Property Rights

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Institution
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Articles 1 - 25 of 25

Full-Text Articles in Law

The Importance Of Viewing Property As A System, Lynda L. Butler Feb 2021

The Importance Of Viewing Property As A System, Lynda L. Butler

Faculty Publications

Can--or should--the American property system adapt to curb the excesses inherent in the dominant form of capitalism? Those extolling the virtues of privatization of resources would likely answer in the negative. Such a response would ignore the core functions and infrastructure of the American institution of property. This Article discusses the structure of property that enables property law to evolve over time, reacting to changing conditions, recognizing informal customs and usages, and otherwise taking into account important feedbacks. It explains how property provides an ordering system of concepts and principles that define and govern relations between a society and its …


Third-Party Interests And The Property Law Misfit In Patent Law, Sarah Rajec Jun 2020

Third-Party Interests And The Property Law Misfit In Patent Law, Sarah Rajec

Faculty Publications

Courts and scholars have long parsed the characteristics of patent grants and likened them, alternately, to real or personal property law, monopolies, public franchises and other regulatory grants, or a hybrid of these. The characterizations matter, because they can determine how patents are treated for the purposes of administrative review, limitations, and remedies, inter alia. And these varied treatments in turn affect incentives to innovate. Patents are often likened to real property in an effort to maximize rights and allow inventors to internalize all of the benefits from their activities. And courts often turn first to real property analogies when …


Property's Problem With Extremes, Lynda L. Butler Jan 2020

Property's Problem With Extremes, Lynda L. Butler

Faculty Publications

Western-style property systems are ill-equipped to deal with extremes--extreme poverty, extreme wealth, extreme environmental harm. Though they can effectively handle many problems, the current systems are inherently incapable of providing the types of reform needed to address extreme situations that are straining the fabric of societies--situations that are stressing the integrity of core societal and natural systems to the breaking point. The American property system, in particular, is problematic. The system has a long tradition of strong individual rights and relies primarily on the efficiency norm to operate and shape the incentives of rights holders. The economic model that now …


Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings, Lynda L. Butler Oct 2019

Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings, Lynda L. Butler

Faculty Publications

This article examines the confusion surrounding constitutional protection of property under the substantive due process and takings clauses, using Murr as a springboard for reconsidering the substantive due process/takings distinction and asking whether the regulatory takings doctrine should remain a viable constitutional concept despite its muddled principles. While powerful reasons support treating as compensable economic regulations that are functionally equivalent to physical takings, important differences between physical and regulatory takings need to be recognized as limits to the degree of equivalence possible and therefore to the regulatory takings doctrine. A look back at the evolutionary paths of substantive due process, …


Augmented Reality, Augmented Ethics: Who Has The Right To Augment A Particular Physical Space?, Erica L. Neely Oct 2018

Augmented Reality, Augmented Ethics: Who Has The Right To Augment A Particular Physical Space?, Erica L. Neely

Philosophy and Religion Faculty Scholarship

Augmented reality (AR) blends the virtual and physical worlds such that the virtual content experienced by a user of AR technology depends on the user’s geographical location. Games such as Pokémon GO and technologies such as HoloLens are introducing an increasing number of people to augmented reality. AR technologies raise a number of ethical concerns; I focus on ethical rights surrounding the augmentation of a particular physical space. To address this I distinguish public and private spaces; I also separate the case where we access augmentations via many different applications from the case where there is a more unified sphere …


Hohfeld And Property, Michael S. Green Jun 2018

Hohfeld And Property, Michael S. Green

Popular Media

No abstract provided.


The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades Apr 2018

The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades

Faculty Publications

Natural property rights theories have become the primary lens through which conservative jurists and scholars view the Constitution’s main property rights provision, the Takings Clause. One of their most striking arguments is that progressive income taxation — applying higher tax rates to higher incomes — is an unconstitutional taking of wealthy taxpayers’ property. This has become part and parcel of well-established battle lines between conservative property rights advocates and their liberal counterparts. What has gone unnoticed is that the very same argument deployed against progressive taxation also deems regressive taxation — applying lower tax rates to higher incomes — an …


Exclusionary Megacities, Wendell Pritchett, Shitong Qiao Jan 2018

Exclusionary Megacities, Wendell Pritchett, Shitong Qiao

All Faculty Scholarship

Human beings should live in places where they are most productive, and megacities, where information, innovation and opportunities congregate, would be the optimal choice. Yet megacities in both China and the U.S. are excluding people by limiting housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Backyard (NIMBY) homeowners are taking over megacities in the U.S. and hindering housing development therein. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the way of building.” …


Property As A Management Institution, Lynda L. Butler Apr 2017

Property As A Management Institution, Lynda L. Butler

Faculty Publications

No abstract provided.


From Coercion To Politics To Law: The Evolution Of Property Rights Protection, Fali Huang Nov 2013

From Coercion To Politics To Law: The Evolution Of Property Rights Protection, Fali Huang

Research Collection School Of Economics

This paper shows how property rights security improves over time as a result of increasing legal quality and political democratization in a political economy context, where political and legal institutions adapt to evolving factor composition of land and capital in the dynamic economic development process. There seems to exist a clear sequence of di⁄erent forms of protection in that it is unlikely to have a strong rule of law with an exploitative political regime, or to have a democratic political system when the distribution of potential coercive power is too skewed. The routine form of protection thus shifts from coercion …


Property's Constitution, James Y. Stern Apr 2013

Property's Constitution, James Y. Stern

Faculty Publications

Long-standing disagreements over the definition of property as a matter of legal theory present a special problem in constitutional law. The Due Process and Takings Clauses establish individual rights that can be asserted only if “property” is at stake. Yet the leading cases interpreting constitutional property doctrines have never managed to articulate a coherent general view of property, and in some instances have reached opposite conclusions about its meaning. Most notably, government benefits provided in the form of individual legal entitlements are considered “property” for purposes of due process but not takings doctrines, a conflict the cases acknowledge but do …


Informal Institutions And Property Rights, Lan Cao Sep 2012

Informal Institutions And Property Rights, Lan Cao

Faculty Publications

No abstract provided.


Introduction: Comparative Property Rights, Lynda L. Butler Sep 2011

Introduction: Comparative Property Rights, Lynda L. Butler

Faculty Publications

No abstract provided.


Taking Property Rights Seriously: The Case Of Climate Change, Jonathan H. Adler Jan 2009

Taking Property Rights Seriously: The Case Of Climate Change, Jonathan H. Adler

Faculty Publications

The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described advocates of FME adopt a utilitarian, welfare-maximization, approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic - indeed, even if it net beneficial to the globe as whole - human-induced climate change is likely to contribute to environmental …


The Police Power And 'Public Use': Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher D. Supino Jan 2008

The Police Power And 'Public Use': Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher D. Supino

Student Award Winning Papers

No abstract provided.


Property, Aspen, And Refusals To Deal, Alan J. Meese Jan 2005

Property, Aspen, And Refusals To Deal, Alan J. Meese

Faculty Publications

No abstract provided.


Property Rights And Intrabrand Restraints, Alan J. Meese Jan 2004

Property Rights And Intrabrand Restraints, Alan J. Meese

Faculty Publications

Intrabrand restraints limit the discretion of one or more sellers-usually dealers-with respect to the disposition of a product sold under a single brand. While most scholars believe that such contracts can help assure optimal promotion of a manufacturer's products, there is disagreement about the exact manner in which such restraints accomplish this objective. Many scholars believe that such restraints themselves induce dealers to engage in promotional activities desired by the manufacturer. Others believe that such restraints merely serve as "performance bonds," which dealers will forfeit if they fail to follow the manufacturer's precise promotional instructions. Some scholars reject both approaches, …


The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman Jan 2002

The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman

Scholarship and Professional Work - Business

Property rights are fundamentals to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists' idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.


The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler Jan 2000

The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler

Faculty Publications

No abstract provided.


Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1995

Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg Jan 1995

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1994

Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 6: Environment, Property, Business Regulation, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1993

Section 6: Environment, Property, Business Regulation, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler Jan 1992

Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler

Faculty Publications

No abstract provided.


The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne Jul 1980

The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne

Faculty Publications

No abstract provided.