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Persistent link: https://www.econbiz.de/10013004190
In this Article, we provide a blueprint for personalizing copyright law in order to reduce the deadweight loss that stems from its universal application to all users, including those who would not have paid for it. We demonstrate how big data can help identify inframarginal users, who would not...
Persistent link: https://www.econbiz.de/10012893025
We empirically test the fiscal illusion hypothesis in the takings context. Israeli law allows local governments to expropriate up to 40% of any parcel without compensation. In 2001, the Israeli Supreme Court created a carve-out for takings of 100%, requiring full compensation in such cases. We...
Persistent link: https://www.econbiz.de/10013004495
Persistent link: https://www.econbiz.de/10001571283
In this Article, we introduce the concept of anti-property - a private conservation mechanism that allows only socially desirable development. Our mechanism utilizes veto rights to create a collective holdout dynamic that thwarts undesirable uses of conservation commons. We demonstrate,...
Persistent link: https://www.econbiz.de/10014088144
In this Essay, we explore the phenomenon of localized property systems and the interactions of such localized property systems with property law. Our Essay aims to provide the beginnings of an exploration of localized property systems and translation problems, rather than a complete survey. In...
Persistent link: https://www.econbiz.de/10013066788
Once upon a time, there existed a clear nexus between property and privacy. Protection of property rights was an important safeguard against intrusions of the privacy interests of owners both by the government and by private actors. Gradually, however, the symbiotic relationship between privacy...
Persistent link: https://www.econbiz.de/10012899962
This Essay addresses an anomaly in trespass law. Trespass law is generally understood as the paradigmatic example of property-rule protection: an owner can obtain an injunction against the trespasser and have him removed from her land. The property-rule protection enjoyed by the owner protects...
Persistent link: https://www.econbiz.de/10012757985
In this Essay we introduce a model of copyright law that calibrates authors' rights and liabilities to the level of originality in their works. We advocate this model as a substitute for the extant regime that unjustly and inefficiently grants equal protection to all works satisfying the...
Persistent link: https://www.econbiz.de/10012764414
Property theorists have long deemed the right to exclude fundamental and essential for the efficient use and allocation of property. Recently, however, proponents of the progressive property movement have called into question the centrality of the right to exclude, suggesting that it should be...
Persistent link: https://www.econbiz.de/10012969673