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Property Rights

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Articles 61 - 90 of 102

Full-Text Articles in Property Law and Real Estate

Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin Apr 2007

Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin

William & Mary Law Review

No abstract provided.


Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman Feb 2007

Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman

William & Mary Environmental Law and Policy Review

No abstract provided.


Kelo's Moral Failure, Laura S. Underkuffler Dec 2006

Kelo's Moral Failure, Laura S. Underkuffler

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Reconstrucing Richard Epstein, Eduardo M. Penalver Dec 2006

Reconstrucing Richard Epstein, Eduardo M. Penalver

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Impact Of Richard A. Epstein, James W. Ely Dec 2006

Impact Of Richard A. Epstein, James W. Ely

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein Dec 2006

Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Time To Overturn Turney, Paul A. Lafata Oct 2006

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.


Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker Oct 2005

Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker

William & Mary Bill of Rights Journal

No abstract provided.


"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler Oct 2005

"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler

William & Mary Bill of Rights Journal

No abstract provided.


Property, Aspen, And Refusals To Deal, Alan J. Meese Jan 2005

Property, Aspen, And Refusals To Deal, Alan J. Meese

Faculty Publications

No abstract provided.


The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson Apr 2004

The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna Apr 2004

Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna

West Virginia Law Review

No abstract provided.


Property Rights, Community Public Goods, And Household Time Allocation In Urban Squatter Communities: Evidence From Peru, Erica Field Feb 2004

Property Rights, Community Public Goods, And Household Time Allocation In Urban Squatter Communities: Evidence From Peru, Erica Field

William & Mary Law Review

No abstract provided.


A Difficult Question In Deed: A Cost-Benefit Framework For Titling Programs, Jean O. Lanjouw, Philip Levy Feb 2004

A Difficult Question In Deed: A Cost-Benefit Framework For Titling Programs, Jean O. Lanjouw, Philip Levy

William & Mary Law Review

In this Article we explore the potential benefits and costs of a program to grant title to individuals who are occupying land informally. Only some of these benefits and costs have received careful empirical consideration in the literature. This Article references existing studies and draws on findings from original surveys of urban households in Ecuador. We consider how a titling program might affect the welfare of landowners and occupants, how it could alter the functioning of real estate markets, and whether it could build a community's social capital. Potential benefits must be weighed against a range of costs, including those …


Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell Feb 2004

Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell

William & Mary Law Review

No abstract provided.


Contributions Legal Scholars Can Make To Development Economics: Examples From China, Joyce Palomar Feb 2004

Contributions Legal Scholars Can Make To Development Economics: Examples From China, Joyce Palomar

William & Mary Law Review

No abstract provided.


Foreword: Property Rights And Economic Development, Eric Kades Feb 2004

Foreword: Property Rights And Economic Development, Eric Kades

William & Mary Law Review

No abstract provided.


Property Rights And Intrabrand Restraints, Alan J. Meese Jan 2004

Property Rights And Intrabrand Restraints, Alan J. Meese

Faculty Publications

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, …


"Un-Locke-Ing" A "Just Right" Environmental Regime: Overcoming The Three Bears Of International Environmentalism - Sovereignty, Locke, And Compensation, Anne C. Dowling Apr 2002

"Un-Locke-Ing" A "Just Right" Environmental Regime: Overcoming The Three Bears Of International Environmentalism - Sovereignty, Locke, And Compensation, Anne C. Dowling

William & Mary Environmental Law and Policy Review

No abstract provided.


The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman Jan 2002

The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman

Scholarship and Professional Work - Business

Property rights are fundamentals to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists' idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.


Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney Apr 2000

Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page Apr 2000

Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page

William & Mary Environmental Law and Policy Review

No abstract provided.


The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler Jan 2000

The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler

Faculty Publications

No abstract provided.


Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle Oct 1999

Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle

William & Mary Environmental Law and Policy Review

No abstract provided.


The Morality Of Regulation, Loren A. Smith Apr 1998

The Morality Of Regulation, Loren A. Smith

William & Mary Environmental Law and Policy Review

No abstract provided.


Takings And Causation, Jan G. Laitos May 1997

Takings And Causation, Jan G. Laitos

William & Mary Bill of Rights Journal

Constitutional protection of private property is grounded in a conflict between two legal principles--the government's power to regulate private property for the common good and the Constitution's limit on this power in the Takings Clause. The Takings Clause's check on government power conforms to John Rawls's philosophy, which rejects the utilitarian beliefs that government may act to achieve* the "good" of maximizing human happiness and that government can force people to trade certain political liberties for an improved distribution of wealth. Under Rawls's theory, the principle of "justice as fairness" limits a government's ability to require some people to bear …


Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker Mar 1996

Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker

William & Mary Environmental Law and Policy Review

No abstract provided.


Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1995

Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Achieving The Proper Balance Between The Public And Private Property Interests: Closely Tailored Legislation As A Remedy, Michelle K. Walsh Apr 1995

Achieving The Proper Balance Between The Public And Private Property Interests: Closely Tailored Legislation As A Remedy, Michelle K. Walsh

William & Mary Environmental Law and Policy Review

No abstract provided.


Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1994

Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.