Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power Oct 2009

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power

Garrett Power

No abstract provided.


Waste No Land: Property, Dignity And Growth In Urbanizing China, Eva M. Pils Oct 2009

Waste No Land: Property, Dignity And Growth In Urbanizing China, Eva M. Pils

Cornell Law Faculty Working Papers

The Chinese state does not allow rural collectives to sell land, but takes land from them and makes it available on the urban property market. While rural land rights are thus easily obliterated, the newly created urban rights in what used to be rural land enjoy legal protection. The state justifies these land takings by the need for urbanization and economic growth. The takings have resulted in an impressive contribution of the construction and property sector to state revenue and GDP growth, but also in unfairness toward peasants evicted from their land and homes. The example discussed here shows that …


Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin Jun 2009

Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA

23 slides


Property And Relative Status, Nestor M. Davidson Mar 2009

Property And Relative Status, Nestor M. Davidson

Michigan Law Review

Property does many things-it incentivizes productive activity, facilitates exchange, forms an integral part of individual identity, and shapes communities. But property does something equally fundamental: it communicates. And perhaps the most ubiquitous and important messages that property communicates have to do with relative status, with the material world defining and reinforcing a variety of economic, social, and cultural hierarchies. This status-signalingf unction of property-withp roperty serving as an important locus for symbolic meaning through which people compare themselves to others-complicates premises underlying central discourses in contemporary property theory. In particular, status signaling can skew property's incentive and allocative benefits, leading …


Evolutionary Theory And The Origin Of Property Rights, James E. Krier Jan 2009

Evolutionary Theory And The Origin Of Property Rights, James E. Krier

Articles

For legal scholars, the evolution of property rights has been a topic in search of a theory. My aim here is to draw together various accounts (some of them largely neglected in the legal literature), from dated to modern, and suggest a way they can be melded into a plausible explanation of property's genesis and early development. What results hardly amounts to a theory, but it does suggest an outline for one. Moreover, it provides a primer on the subject, a reasonably solid foundation for thinking and talking about the evolution of property rights.


Appropriability And Property, Yonatan Even Jan 2009

Appropriability And Property, Yonatan Even

American University Law Review

This paper challenges the malleability of the idea of property as a relative, indeterminate "bundle of rights", which appears to dominate property doctrine at least since Ronald Coase's "The Problem of Social Cost". Focusing on the core goals of property regimes, the paper proposes an alternative view of property rights - one that is centered on the ability of owners to appropriate the benefits of their assets in the face of a threat from numerous potential adversaries, rather than their ability to contract such assets away within a bilateral context. This appropriability problem, it is argued, is a defining concept …


A Tale Of Two Lochners: The Untold History Of Substantive Due Process And The Idea Of Fundamental Rights, Victoria Nourse Jan 2009

A Tale Of Two Lochners: The Untold History Of Substantive Due Process And The Idea Of Fundamental Rights, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

To say that the Supreme Court's decision in Lochner v. New York is infamous is an understatement. Scholars remember Lochner for its strong right to contract and laissez-faire ideals--at least that is the conventional account of the case. Whether one concludes that Lochner leads to the judicial activism of Roe v. Wade, or foreshadows strong property rights, the standard account depends upon an important assumption: that the Lochner era's conception of fundamental rights parallels that of today. From that assumption, it appears to follow that Lochner symbolizes the grave political dangers of substantive due process, with its "repulsive connotation …


A Few Questions About The Social-Obligation Norm, Jedediah S. Purdy Jan 2009

A Few Questions About The Social-Obligation Norm, Jedediah S. Purdy

Faculty Scholarship

I applaud Gregory Alexander for proposing an innovative view of property, one focused on the obligations of ownership. His project locates what I think of as the liberal aim of personal freedom (meaning both formal autonomy and real opportunity) within a social context of distributive choices and conceptions of mutual obligation. That is, he is asking what counts as a free society, and he is putting property regimes at the center of the answer. I want to set out some questions about where his project goes from here.


Eminent Domain: The Unintended Consequences Of Kelo, Tracy Lynn Bower Jan 2009

Eminent Domain: The Unintended Consequences Of Kelo, Tracy Lynn Bower

UNLV Theses, Dissertations, Professional Papers, and Capstones

In recent years, local governments in the United States have increasingly used eminent domain to promote economic development, raising concerns among property-right advocates over what those advocates view as unlawful, or what should be unlawful, takings of private property in order to benefit another private property owner. This philosophical and legal dispute reached a crisis point in the 2005 United States Supreme Court decision in Kelo v. City of New London. In that decision, the court narrowly upheld a Connecticut Supreme Court ruling granting the City of New London permission to redevelop land that had been seized from existing homeowners …


Pavesich, Property And Privacy: The Common Origins Of Property Rights And Privacy Rights, Michael B. Kent Jr. Dec 2008

Pavesich, Property And Privacy: The Common Origins Of Property Rights And Privacy Rights, Michael B. Kent Jr.

Michael B. Kent Jr.

No abstract provided.


Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo Dec 2008

Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo

Carl J. Circo

By demanding stewardship of natural capital over exploitation, sustainability envisions a property regime less committed to individual property rights than are the traditional and economic theories of property. While the traditional property theories of Blackstone, Locke, and U.S. constitutional doctrine tolerate restrictions on private property rights for the sake of public welfare, they resist the strongest versions of sustainability, which promote generational and social justice. Similarly, an economic analysis of property recognizes the values of resource conservation and welfare for future generations, but only to the limited extent the economist can calculate future value. As a result, economic analysis may …


Providing Meaningful Judicial Review Of Municipal Redevelopment Designations: Redevelopment In New Jersey Before And After Gallenthin Realty Development, Inc. V. Borough Of Paulsboro, Jonathan Marshfield Dec 2008

Providing Meaningful Judicial Review Of Municipal Redevelopment Designations: Redevelopment In New Jersey Before And After Gallenthin Realty Development, Inc. V. Borough Of Paulsboro, Jonathan Marshfield

Jonathan Marshfield

This Article examines the significance of the New Jersey Supreme Court’s decision in Gallenthin Realty Development, Inc. v. Paulsboro for redevelopment and property rights in New Jersey. It suggests that Gallenthin has resulted in the revival of meaningful judicial review of municipal redevelopment designations. Specifically, the Authors contend that Gallenthin confronted two pervasive problems concerning judicial review of redevelopment designations. First, since 1947, when New Jersey adopted a constitutional provision that specifically authorized the legislature to pass laws permitting the taking of property for redevelopment of “blighted areas,” courts have unduly acquiesced to legislative and municipal interpretations of “blight.” Gallenthin …


Applying Communal Theories To Urban Property: An Anthropological Look At Using The Elaboration Of Common Property Regimes To Reduce Social Exclusion From Housing Markets, Dylan O. Malagrino Dec 2008

Applying Communal Theories To Urban Property: An Anthropological Look At Using The Elaboration Of Common Property Regimes To Reduce Social Exclusion From Housing Markets, Dylan O. Malagrino

Dylan Malagrinò

The advantages of privatized property regimes and common property regimes have been debated in legal and economic discourse for ages. Although private property is prevalent in the developed world, a reading of the available anthropological literature shows that common property regimes still thrive in many parts of the developing world to maintain natural resources and to spread the risk of property ownership.
Considering the recent U.S. housing crisis and its global effect on world markets, perhaps the developed world should incorporate more communal theories to—what has now become the developed world‘s scarce resource—urban land. In fact, after a close look …