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Case Western Reserve University School of Law

International Law

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Full-Text Articles in Law

Property As Prophesy: Legal Realism And The Indeterminancy Of Ownership, John Humbach Jan 2017

Property As Prophesy: Legal Realism And The Indeterminancy Of Ownership, John Humbach

Case Western Reserve Journal of International Law

Property law, like all law, is indeterminate. This means that ownership itself is indeterminate and every owner is vulnerable to challenges based on unexpected legal rules or newly created ones. Even the most seemingly secure rights can be defeated or compromised if a clever-enough lawyer is retained to mount a challenge. The casebooks used in first-year property courses are full of examples. In the case of particularly valuable property, such as works of art, the motivation to fashion arguments to support ownership challenges is obvious. Short and strictly interpreted statutes of limitations can mitigate the risks to ownership by cabining …


War Powers, Foreign Affairs, And The Courts: Some Institutional Considerations, Jonathan L. Entin Jan 2012

War Powers, Foreign Affairs, And The Courts: Some Institutional Considerations, Jonathan L. Entin

Case Western Reserve Journal of International Law

No abstract provided.