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Articles 1 - 17 of 17
Full-Text Articles in Law
It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson
It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson
Rutgers Law School (Newark) Faculty Papers
"It's Personal But Is It Mine? Toward Property Rights in Personal Information" discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens' loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners. In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …
The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron
The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron
ExpressO
No abstract provided.
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
ExpressO
A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …
Difused Surface Water: Reasonable Use Has Become The Common Enemy, Wendy B. Davis
Difused Surface Water: Reasonable Use Has Become The Common Enemy, Wendy B. Davis
ExpressO
Diffused surface water, caused by precipitation, should be treated as a necessary asset to replenish aquifers used for drinking water, and not as waste to be disposed of by landowners. Groundwater aquifers were created, and can only be replenished, by precipitation that is allowed to seep underground. Ninety-nine percent of the drinking water for people in rural areas of America comes from groundwater aquifers. These aquifers are in danger of being contaminated or depleted, which could result in severe water shortages very soon. Legislators have failed to enact a comprehensive system to regulate the use of aquifers, relying instead on …
The Limits Of Property Reparations, Gregory S. Alexander
The Limits Of Property Reparations, Gregory S. Alexander
Cornell Law Faculty Publications
Human history is replete with examples of unjustified expropriations of property by conquering states and other transitory regimes. Only in modern times, however, have nations attempted systematically to remedy historical injustices by providing reparations to the dispossessed owners or their successors. From the aboriginal peoples of the Antipodes to the Native Americans of Canada and the U.S. to the European victims of the German and Soviet communism, groups of people who were stripped of their land and possessions by fraud or force are demanding, and in many cases getting, reparations for these injustices. The thesis of this paper is that …
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Cornell Law Faculty Working Papers
This article examines an apparent paradox in comparative constitutional law. Property rights are not treated as a fundamental right in American constitutional law; they are, however, under the Basic Law (i.e., constitution) of Germany, a social-welfare state that otherwise gives less weight to property. The article uses this apparent paradox as a vehicle for considering the different reasons why constitutions protect property. It explains the difference between the German and American constitutional treatment of property on the basis of the quite different approaches taken in the two systems to the purposes of constitutional protection of property.
Cultural Property And The Limitations Of Preservation, Sarah K. Harding
Cultural Property And The Limitations Of Preservation, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding
Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Cultural Property And The Limitations Of Preservation, Sarah K. Harding
Cultural Property And The Limitations Of Preservation, Sarah K. Harding
Sarah K. Harding
No abstract provided.
Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah Harding
Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah Harding
Sarah K. Harding
No abstract provided.
Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth
Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth
Faculty Publications
No abstract provided.
Sale Of Defective Houses: Cicero And The Moral Choice, John V. Orth
Sale Of Defective Houses: Cicero And The Moral Choice, John V. Orth
Faculty Publications
No abstract provided.
Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
I consider in this paper the extent to which courts rationally and on a principled basis can deny to aboriginal claimants, despite the ancientness of their claims, the specific relief of being restored to possession of their aboriginal lands where the case for such specific relief is otherwise made. The paper begins with a brief discussion of the foundations of property in the Western conception, then goes on to discuss the Europeans' asserted title to indigenous lands and the various theories of aboriginal title that have emerged. It then explores the past and existing legal obstacles to the judicial resolution …
A Two-Dimensional Framework For Analyzing Property Rights Regimes, Shi-Ling Hsu
A Two-Dimensional Framework For Analyzing Property Rights Regimes, Shi-Ling Hsu
Shi-Ling Hsu
This article proposes an integrative framework wherein all property regimes can be expressed as a function of two fundamental characteristics: (i) whether the dominant right is a use right or an exclusion right (or some degree thereof), and (ii) the size of the party jointly holding the dominant right. This article will show how all property regimes can be characterized by these two variables. By analyzing property regimes in such a framework, property regimes can be related to each other, and conditions can be identified under which the regimes function best. I introduce four fundamental property regimes: the Individual Use, …
The Takings Clause And The Separation Of Powers: An Essay, John A. Humbach
The Takings Clause And The Separation Of Powers: An Essay, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The most fundamental environmental problem is this: across our nation there are literally hundreds of millions of acres of important natural resource lands-- farms, forests, wetlands, reservoir watersheds, shore lands, endangered species habitat--lands that have relatively little commercial value in their present natural condition, but which would have much greater commercial value if their natural values were degraded or destroyed. Stated differently, private property often will yield a much greater profit to its owner if it is used in ways that will harm or obliterate important environmental assets and values. For this reason, private owners are understandably tempted to supplant …
Evidence Of Title By Public Records (In Chinese, Li Hao, Translator), Joyce Palomar
Evidence Of Title By Public Records (In Chinese, Li Hao, Translator), Joyce Palomar
Joyce Palomar
No abstract provided.
State Regulation Of Real Estate Settlement Services--Letting Free Enterprise Evolve While Protecting The Public, Joyce Palomar
State Regulation Of Real Estate Settlement Services--Letting Free Enterprise Evolve While Protecting The Public, Joyce Palomar
Joyce Palomar
No abstract provided.