Property, Morality, And Moral Psychology: Comments On Gerhart’S Property Law And Social Morality,
2015
Texas A&M University School of Law
Property, Morality, And Moral Psychology: Comments On Gerhart’S Property Law And Social Morality, Dave Fagundes
Texas A&M Journal of Property Law
My comments will proceed in two parts. In Part I, I will briefly describe and summarize the study of moral psychology, indicating how it might apply to property law. And in Part II, I will analyze Property and Social Morality through the lens of moral psychology, showing how Professor Gerhart’s project may be advanced through a richer understanding of the content of our ethical beliefs about property and the psychological mechanisms that give rise to them.
Moral Obligation And Natural Capital Commons On Private Land: Perspectives On Peter Gerhart’S Property Law And Social Morality,
2015
Texas A&M University School of Law
Moral Obligation And Natural Capital Commons On Private Land: Perspectives On Peter Gerhart’S Property Law And Social Morality, Blake Hudson
Texas A&M Journal of Property Law
This Article makes a simple and hopefully straightforward attempt to demonstrate how Gerhart’s property theory fills the gaps in privatized commons resource theory. Part II describes in more detail privatized commons resource theory, while Part III discusses Gerhart’s theory both generally and more specifically in the context of natural resources management. This Part first analyzes Gerhart’s explicit grappling with the commons broadly, and more directly wrestles with how his theory lays a legal framework for addressing temporal commons and the interests of future generations in natural capital. Next, this Part discusses the role of positive public law in manifesting society’s …
Small Property, Adverse Possession And Optional Law,
2015
Duke Law School
Small Property, Adverse Possession And Optional Law, Shitong Qiao
Faculty Scholarship
No abstract provided.
The Evolution Of Relational Property Rights: A Case Of Chinese Rural Land Reform,
2015
Duke Law School
The Evolution Of Relational Property Rights: A Case Of Chinese Rural Land Reform, Shitong Qiao, Frank Upham
Faculty Scholarship
The most notable, or at least the most noted, form of property evolution has been the transfer of exclusive rights from collectives to individuals and vice versa, such as the farm collectivization in Soviet Union and the establishment of the People’s Communes in Mao’s China and their reversals. Such radical moments, however, constitute only a small part of history. For the most part, property rights evolve quietly and incrementally, which is hard to explain if we take exclusive rights as the core of property, or, to put it more generally, if we are focusing solely on the question of who …
What Is Owed: Obligation’S Relevance In Property And Intellectual Property Theory,
2015
Texas A&M University School of Law
What Is Owed: Obligation’S Relevance In Property And Intellectual Property Theory, Kali Murray
Texas A&M Journal of Property Law
This Essay explores how Gerhart’s theory of social obligation in property law offers us an innovative way to characterize key theories in patent law. Consequently, throughout this Essay, I employ lessons from patent law that provide a concrete example of how obligations may work in various doctrinal subjects. Part I outlines the basic contours of Gerhart’s theory of obligation. Part II outlines the three basic functions of obligation in property and intellectual property theory. It is hoped that this Essay will serve a substantive function by continuing the ongoing dialogue between property law and intellectual property law in ways that …
Reflections An Property As A Social Good,
2015
Texas A&M University School of Law
Reflections An Property As A Social Good, Peter M. Gerhart
Texas A&M Journal of Property Law
In this reflection, Professor Gerhart relates the ideas of the symposium contributors to his goals in writing Property Law and Social Morality. In doing so, he reflects, in Part I, on his attempt to separate politics from private law property theory, and, in Part II, on how his framework theory provides a mechanism for integrating ideas about the content of legal doctrine from a wide variety of intellectual disciplines. In the first Part of his reflection, Professor Gerhart comments on the corrective justice/distributive justice distinction, related theories of human flourishing, and on rights theories. In the second Part of the …
A Moral Theory Of Property,
2015
Texas A&M University School of Law
A Moral Theory Of Property, Laura S. Underkuffler
Texas A&M Journal of Property Law
Gerhart’s theory of “property as tort” is simple, bold, and intuitively compelling. Just as actions that an individual voluntarily undertakes can impose moral obligations in tort, so actions that an individual voluntarily undertakes can impose moral obligations in property. Finally, we have a simple, understandable basis on which other-regarding obligations can be imposed upon property owners, for the externalities that they cause. But does it capture all that is involved in the ownership of property? Put another way, does Gerhart reckon with all of the implications of his theory in the complex world of property ownership?
Horne V. Usda: The Takings Clause, The Commerce Clause, And The "World's Most Outdated Law",
2015
University of Kentucky
Horne V. Usda: The Takings Clause, The Commerce Clause, And The "World's Most Outdated Law", Thomas E. Travis
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Local Sustainability Movement Rides Wave Of Evolving Federalism To 'Axe' Private Property Rights,
2015
Institute for Trade, Standards and Sustainable Development
Local Sustainability Movement Rides Wave Of Evolving Federalism To 'Axe' Private Property Rights, Lawrence A. Kogan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Rectifying These Mean Streets: Percent-For-Art Ordinances, Street Furniture, And The New Streetscape,
2015
Texas Southern University, Thurgood Marshall School of Law
Rectifying These Mean Streets: Percent-For-Art Ordinances, Street Furniture, And The New Streetscape, Asmara M. Tekle
Kentucky Law Journal
No abstract provided.
Profiles - Chicago Literacenter,
2015
New York Law School
Profiles - Chicago Literacenter, James Hagy
Rooftops Project
Business news is often filled with stories about incubator spaces and entrepreneurial hubs in which start-up companies can hang out, network, and grow. What might result when these concepts are adapted to bring together diverse not-for-profit organizations focused on similar missions? Professor James Hagy visits Stacy Ratner, Co-Founder and Creative Director of the Chicago Literacy Alliance, and Transwestern’s Larry Serota at the grand opening of Literacenter in downtown Chicago.
Common Law Property Theory And Jurisprudence In Canada,
2015
Osgoode Hall Law School of York University
Common Law Property Theory And Jurisprudence In Canada, Sarah E. Hamill
Osgoode Legal Studies Research Paper Series
In recent years, property theorists have offered varying accounts as to what exactly ownership is, typically focusing on one or more key rights to the owned thing. However, most of these theories are articulated in the abstract and do not engage the jurisprudence. This article uses the jurisprudence concerning expropriation and adverse possession to show that Canadian courts have in fact developed their own definition of ownership — one that is not reflected in the property theory discourse. The author goes on to argue that this narrower definition of ownership — made up by the rights to exclude and to …
Does Anyone Have “Actual Knowledge” Of What Effects The Cape Town Treaty Has Had On The Application Of Philko Aviation, Inc. V. Shacket?,
2015
University of Oklahoma College of Law
Does Anyone Have “Actual Knowledge” Of What Effects The Cape Town Treaty Has Had On The Application Of Philko Aviation, Inc. V. Shacket?, Kaitlyn E. Schrick
Oklahoma Law Review
No abstract provided.
Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County Of Dakota V. Cameron,
2015
Mitchell Hamline School of Law
Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County Of Dakota V. Cameron, Kristine J. Williams
William Mitchell Law Review
No abstract provided.
Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act,
2015
Elisabeth Haub School of Law at Pace University
Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
In this article, I show how a coherent legal narrative must capture the revolution's radical policy by abandoning the no tort liability rule, which can be done in a number of ways: an open acknowledgement that the duty to repair creates a new property right that must be enforced by a property rule or more subtly through the use of both traditional and modern tools of jurisprudence, that is, legal fictions, equitable maxims and economic efficiency analysis. This article proceeds with a discussion of the common law landlord-tenant law, the adoption of the implied warranty of habitability, along with the …
On Corrective Justice And Rights In Property: A Comment On Property Law And Social Morality,
2015
Texas A&M University School of Law
On Corrective Justice And Rights In Property: A Comment On Property Law And Social Morality, Eric R. Claeys
Texas A&M Journal of Property Law
In this Review, I hope to critique specific parts of Property Law and Social Morality that fairly represent these various reactions. In Part I, I explain the basis for my first cheer, and situate Property Law and Social Morality in relation to other prominent moral theories of property. In Part II, I study one representative example confirming my second cheer about Gerhart’s cross-pollination experiment—his critique of economic “evolutionary” or “Demsetzian” accounts of property in chapter 4. In Part III, I offer what I hope is a friendly amendment to Property Law and Social Morality, to clarify several possible confusions about …
From Social Recognition Of Property To Political Recognition By The State: Peter Gerhart’S Property Law And Social Morality And The Evolution Of Positive Rights,
2015
Texas A&M University School of Law
From Social Recognition Of Property To Political Recognition By The State: Peter Gerhart’S Property Law And Social Morality And The Evolution Of Positive Rights, Christopher Serkin
Texas A&M Journal of Property Law
This short response argues that positive property rights—especially in a modern regulatory state—are inherently redistributive. When the State has a choice between different regulatory strategies for achieving public goals, constitutional limits like the Takings Clause should not rely on formal categories but must instead account explicitly for distributive concerns. At the end of the day, the State is an active, not passive, player in the definition of property rights, a role that comes with both constitutional limitations and requirements.
Slavery, Property, And Marshall In The Positivist Legal Tradition,
2015
University of Tulsa College of Law
Slavery, Property, And Marshall In The Positivist Legal Tradition, Marc L. Roark
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Is An Apartment A Nuisance?,
2015
Touro Law Center
Is An Apartment A Nuisance?, Michael Lewyn
Scholarly Works
In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.
Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era,
2015
University of Florida Levin College of Law
Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era, Danaya C. Wright
UF Law Faculty Publications
After providing a brief explanation of railroad development, railbanking, the takings cases, and the Brandt Trust decision, this Article will explore the implications of each of these three legal issues at the heart of the takings disputes. What makes the decision in Marvin M. Brandt Revocable Trust v. United States particularly disappointing is not that the Court came to the wrong conclusion in its interpretation of the railroad’s interest in federally granted railroad rights of way (“FGROWs”) granted pursuant to the 1875 General Railroad Right of Way Act, but that its wrong interpretation adds all of the 1875 Act FGROW …
