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Articles 1 - 26 of 26
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
Vera Bergelson
"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 …
Copyright And Breathing Space, Joseph Liu
Copyright And Breathing Space, Joseph Liu
Joseph P. Liu
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Bruno L. Costantini García
Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.
The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu
The Legal Framework Surrounding Digital Rights Management Technologies, Joseph Liu
Joseph P. Liu
The 2006 Alta Policies: What New Coverage Do They Provide?, Joyce Palomar
The 2006 Alta Policies: What New Coverage Do They Provide?, Joyce Palomar
Joyce Palomar
No abstract provided.
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos
China's Housing Policy: Successes And Disappointments (Speaker), Joyce Palomar
China's Housing Policy: Successes And Disappointments (Speaker), Joyce Palomar
Joyce Palomar
No abstract provided.
The Rejection Of Divine Law In American Jurisprudence: The Ten Commandments, Trivia, And The Stars And Stripes, Charles I. Lugosi
The Rejection Of Divine Law In American Jurisprudence: The Ten Commandments, Trivia, And The Stars And Stripes, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.
Numerus Clausus: An Economic Perspective, Wei Zhang
Natural Law And Agency Theory, Michael Lp Lower
Natural Law And Agency Theory, Michael Lp Lower
Michael LP Lower
Corporate governance scholarship is awash with theories of the firm: these are "stories" or metaphors that try to shed light on the nature and purpose of the firm as an institution and on one or more of the following questions:
(i) how the institution of the firm "evolved" (or its economic or social purpose); (ii) whether "the firm" is a reality or a rhetorical device; and (iii) the relationship between "the firm" and stakeholders, political society and so on.
Theories of the firm are used both to explain and to help develop law and policy. If the theory is misconceived, …
Privaticemos Las Vicuñas: Cómo Eliminar El Peligro De Extinción Y Aprovechar Su Potencial Económico, Enrique Pasquel, Andrés Bayly
Privaticemos Las Vicuñas: Cómo Eliminar El Peligro De Extinción Y Aprovechar Su Potencial Económico, Enrique Pasquel, Andrés Bayly
Enrique Pasquel
Si se establecieran derechos de propiedad sobre las vicuñas, se evitaría el peligro de extinción, se permitiría desarrollar el mercado de la lana más cara del mundo y se ayudaría a sacar de la pobreza a gran cantidad de gente. Este trabajo explica cómo las políticas de conservación de la vicuña han hecho lo contrario.
Home As A Legal Concept, Benjamin Barros
Home As A Legal Concept, Benjamin Barros
Benjamin Barros
This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal …
Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser
Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser
Ezra Rosser
This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.
Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser
Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser
Ezra Rosser
This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.
China's Housing Policy: Successes And Disappointments, Joyce Palomar, Jainbo Lou
China's Housing Policy: Successes And Disappointments, Joyce Palomar, Jainbo Lou
Joyce Palomar
No abstract provided.
Beyond Worship: The Religious Land Use And Institutionalized Persons Act Of 2000 And Religious Institutions' Auxiliary Uses, Sara Bronin
Sara C. Bronin
Religious institutions have long offered their congregants services that go beyond worship. Particularly in the last two decades, they have begun expanding far beyond their traditional offerings to a wider and more diverse array of auxiliary uses - non-worship uses that are affiliated with a religious institution. (One type of large religious institution, the megachurch, is fast gaining members by offering schools, community centers, dining facilities, even movie theaters and gymnasiums.) Government has long granted special protections to the worship uses of religious institutions. A recent federal law - the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) …
Emperical Research In Real Property Law, Joyce Palomar
Emperical Research In Real Property Law, Joyce Palomar
Joyce Palomar
No abstract provided.
Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven
Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven
Thomas Kleven
After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …
Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven
Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven
Thomas Kleven
After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …
Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven
Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven
Thomas Kleven
After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …
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.
Rehabilitating Rehab Through State Building Codes, Sara C. Bronin
Rehabilitating Rehab Through State Building Codes, Sara C. Bronin
Sara C. Bronin
Building codes are not neutral documents. Traditional codes have the effect of deterring the rehabilitation of older structures. But rehabilitation - which can have many positive effects, especially on cities - should be encouraged, not deterred. One promising method of encouraging rehabilitation has been the adoption of rehabilitation codes: building codes that establish flexible but clear requirements for renovators. After analyzing traditional building codes and three different rehabilitation codes, this Note concludes that more states should adopt rehabilitation codes on a mandatory basis.
If I Were A Corporation, I'D Be A Constitutional Person, Too, Charles I. Lugosi
If I Were A Corporation, I'D Be A Constitutional Person, Too, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Donald J. Kochan
It has long eluded regulators and private enforcers how to control the imposition of negative externalities. This paper will examine: (1) Whether existing authorities (like the Clean Water Act) are capable of providing regulation of urban runoff; (2) Whether, in light of economic controls, regulation of these activities are necessary; (3) A summary of recent runoff litigation; and (4) What is next; what should be next? Although each of these questions form background, the primary emphasis currently anticipated for this presentation is on traceability, collective action, and free rider problems that motivate regulation in this area. Often runoff is described …
Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow
Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow
Matthew Parlow
When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi
When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.