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Legal Interpretation, Intentionalism, and the Authority of Law
Bodig, Matyas - 2008
The essay reflects upon the debate over intentionalism about statutory interpretation, and argues for a moderate version of intentionalism. It argues that the debate over intentionalism cannot be sorted out without establishing a viable conception of legislative authority. The outlines of such a...
Persistent link: https://www.econbiz.de/10012725362
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A Taste of Things to Come? : Eminent Domain in the Name of Population Control
Stoloff, Matthew - 2008
when it acquired a piece of property zoned for residential use under the disguise of open space preservation. In the past … year. The property in question had already undergone some development when Mount Laurel exercised its power of eminent …
Persistent link: https://www.econbiz.de/10012726304
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The Real Estate Covenant as Commons : Incomplete Contract Remedies Over Time
Weiser, Jay - 2003
Persistent link: https://www.econbiz.de/10012739415
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Ambush Marketing - New Zealand is in Search of Events to Host
Morgan, Owen J. - 2008
Ambush marketing is a marketing strategy that intersects with the law of unfair competition and one that provokes debate and competing arguments. The arguments of event organisers and sponsors have proved to be influential and, in response to pressure from those parties, legislatures in a number...
Persistent link: https://www.econbiz.de/10012772714
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Revisiting the Creditors' Bargain : The Entitlement to the Going-Concern Surplus in Corporate Bankruptcy Reorganizations
Tene, Omer - 2006
Bankruptcy literature is increasingly accepting the continued existence of bankruptcy and secured debt and becoming more interested in analyzing specific features thereof. This article undertakes such a task, analyzing the entitlement to the going-concern surplus (GCS) generated during corporate...
Persistent link: https://www.econbiz.de/10012779124
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Politics or Principle? Zechariah Chafee and the Social Interest in Free Speech
Barzun, Charles L. - 2010
how late nineteenth-century developments in equity jurisprudence placed property and free speech rights in direct conflict …
Persistent link: https://www.econbiz.de/10012760470
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Evolutionary Theory and the Origin of Property Rights
Krier, James E. - 2009
Legal scholars have never settled on a satisfactory account of the evolution of property rights. The touchstone for … virtually all discussion, Harold Demsetz's Toward a Theory of Property Rights, has a number of well-known (and not so well … then that approach - call it the conventional approach - fails to account for very early property rights, right at the …
Persistent link: https://www.econbiz.de/10012764013
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Physiological Steps Doctrine
Torrance, Andrew W. - 2009
In vivo conversion is a process, often metabolic in nature, wherein one substance, usually a chemical compound, is altered significantly by physiological pathways in the body into one or more different substances. For example, when a patient ingests a therapeutic drug, that drug is often...
Persistent link: https://www.econbiz.de/10012764488
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Quasi-Checks : An Apology for a Mutation of Negotiable Instruments
Yovel, Jonathan - 2009
supplies a formal definition for quasi-instruments. It then proceeds to analyze the real-world interests, concerns and risks …
Persistent link: https://www.econbiz.de/10012766804
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The Tragicomedy of the Surfers' Commons
Nazer, Daniel K. - 2008
Surfing provides an excellent case study for power of extra-legal social norms to efficiently regulate public resources. A complicated, cross-cultural set of cooperative norms governs surfers' behavior in the water. These norms promote safety and the efficient sharing of a natural resource:...
Persistent link: https://www.econbiz.de/10012771421