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Recording systems for property play a pivotal, market-facilitating role for the players engaged in any transaction, the judiciary that must resolve disputes between the players, and others members of the general public by informing each about the true nature of ownership of the real property...
Persistent link: https://www.econbiz.de/10013084577
Native American concerns about development activities adversely affecting sacred sites have emerged in recent years as major impediments to mineral and energy development projects. This article examines legislation, regulations, and other legal efforts designed to add protection to these sacred...
Persistent link: https://www.econbiz.de/10012774169
Property owners are now more than ever exercising the “sharing stick” in their metaphorical bundle of property rights. This article examines the right to share one's property with others as a branch, stemming from the inclusion stick, that itself grows out of the exclusion right held by...
Persistent link: https://www.econbiz.de/10012901535
Uniquely interconnecting lessons from law, psychology, and economics, this Article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to sharing of property, drawing in part from...
Persistent link: https://www.econbiz.de/10012968531
The land one holds is generally only as good as the property rights contained in the deed. The rights contained in the deed are only as good as the ability to get those rights enforced. And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from the point of...
Persistent link: https://www.econbiz.de/10012971995
The story behind the move toward marijuana's legality is a story of disruptive forces to the incumbent legal and physical landscape. It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the...
Persistent link: https://www.econbiz.de/10013002685
Persistent link: https://www.econbiz.de/10013004042
Written for the Chapman Law Review Symposium on “What Can Law & Economics Teach Us About the Corporate Social Responsibility Debate?,” this Article applies the lessons of public choice theory to examine corporate social responsibility. The Article adopts a broad definition of corporate...
Persistent link: https://www.econbiz.de/10013062441
Though both the U.S. Constitution and the Michigan Constitution say that property shall not be taken for public use quot;without just compensation,quot; court interpretations of various laws and regulations have undermined that principle. Owners are usually awarded compensation in the courts...
Persistent link: https://www.econbiz.de/10012752117
The Framers of the United States Constitution understood that freedom depends upon the vigorous protection of private property rights and that this protection was therefore the most sacred obligation of government. However, despite Fifth and Fourteenth Amendment guarantees, recent years have...
Persistent link: https://www.econbiz.de/10012752118