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Property Rights And Intrabrand Restraints, Alan J. Meese Sep 2019

Property Rights And Intrabrand Restraints, Alan J. Meese

Alan J. Meese

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, …

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Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, Donald J. Kochan Dec 2017

Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, Donald J. Kochan

Donald J. Kochan

Pride and property are mutually reinforcing, symbiotic concepts through which individuals express their identity in a biologically, economically, and psychologically driven manner that generates evolutionarily advantageous conditions. This Article is the first to extensively examine the correlative components of pride and property ownership. It is an interdisciplinary treatment of pride and property — engaging with law, economics, psychology, evolutionary biology, evolutionary psychology, and philosophy. The grossly under-studied “authentic”, achievement-oriented, and motivational variety of pride (as contrasted with the much-vilified “hubristic” kind) has recently been heralded as perhaps the most important human emotion for evolutionary purposes. The Article explains that authentic …

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A Positive Theory Of Eminent Domain, Eric Kades Mar 2008

A Positive Theory Of Eminent Domain, Eric Kades

Eric A. Kades

By examining a novel data set of land acquisitions and condemnations for roads by all 50 states, this article attempts to formulate a positive theory of states’ invocation of their eminent domain power. Litigation models based on irrationality and asymmetric information suggest that geography, demography, and legal rules may influence the frequency with which state officials resort to condemnation. To a significant degree, the data support these models, as water area and hilliness (geography), population density (demography), and legal rules (fee-shifting statutes) explain a significant portion of the state-state variation in condemnation rates. A number of other theoretically relevant explanatory …

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Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan Dec 2005

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 …

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