Amendments to the Louisiana Civil Code revived the potential for a testament to utilize the fidei commissum de residuo, while maintaining that the distinct fidei commissum is still prohibited. However, the Civil Code is silent as to the composition of the residual interest resulting from...

Artists in the United States who sell their works without contractually reserving any rights in the same currently enjoy only limited rights under federal copyright laws to exercise continuing control over such works. The author assesses the shortcomings of copyright protection in comparison...

Legislation in Kansas declares water rights to be property rights. The water resources in most parts of Kansas are fully appropriated – i.e., new water rights for water are generally unavailable from the state. To obtain water supplies in the future, entities will have to purchase existing...

This article summarizes the ideas presented by the author at the Kyoto 3rd World Water Forum. In general, American states and not the national government control water resources. Western states generally define water rights as property rights and apply the prior appropriation doctrine, or...

A review of the scope, legality and enforceability This article aims to provide the reader with a critical analysis of the scope, legality and enforceability of The Right to Development the (RTD), more precisely of “the right to a process of development in which all rights and fundamental...

This Article addresses the question of whether cultural property laws, which require archaeological artifacts to remain in countries of origin, have been a boon for nations with extensive archaeological records, as most archaeologists and lawmakers presume, or have hampered archaeological...

Most U.S. states passed married women's property and earnings acts between 1850 and 1920. These acts gave married women the right to own and control their separate property, and to own their market earnings. We examine the acts' effects on investment by families in girls' human capital. Standard...

In this article, the question is raised why upon the introduction of same sex marriage no one has raised the issue whether one should take for granted the automatic application of the legal marital property law that was made for heterosexual couples. The argument goes that in the heat of the...

The main thesis of this article is that individuals should own their user-held data. Rapidly developing data processing technologies empowers individuals to collect their data from different sources and retain it in personal data clouds. Such user-held data represents the most accurate,...

Many modern-day Americans think about legal rights in a dualistic fashion. "Personal rights" fall on one side of the divide, while "property rights" fall on the other, and these categories of rights often are deemed to be separate and distinct. This essay, which introduces a symposium on...