Showing 1 - 10 of 651,342
thousand flowers of thought bloom! The property rights advocates... well, as I will suggest in this essay, we end up with a … ridesharing services to operate without medallions, most often employing a regulatory takings theory. I argue that the approach … employed by these courts wrongly focus on the property interests involved, rather than where the real analytical question …
Persistent link: https://www.econbiz.de/10012953164
The results of 2012 clearly pointed to the fact that the classical set of problems specific to the Russian privatization – justification of the fair price for assets to be privatized, real motivation of the participants, determination of the criteria of selection of the buyer, ensuring of...
Persistent link: https://www.econbiz.de/10012974362
The property-information ... …
Persistent link: https://www.econbiz.de/10013004190
This Article offers a theory of secured credit that aims to answer fundamental questions that have long percolated in … the bankruptcy and secured transactions literatures. Are security interests property rights, contract rights, or something … pay their debts?This Article argues that security interests are best understood as a form of “limited liability property …
Persistent link: https://www.econbiz.de/10012934382
-obligation or social-function norm of property as set out in an influential series of lectures in Buenos Aires published in 1912 …'s thought on property and its social function …
Persistent link: https://www.econbiz.de/10014192192
Property theory has entered into uncertain times. Conservative and progressive scholars are, it seems, fiercely … contesting everything, from what is at the core of property to what obligations owners owe society. Fundamentally, the debate is … about whether property law works. Conservatives believe that property law works. Progressives believe property law could and …
Persistent link: https://www.econbiz.de/10014137025
. This Article develops a “cultural” theory of how property institutions are created and demonstrates that such a theory is …Do “cultural factors” substantively influence the creation and evolution of property institutions? For the past several … property institutions as the outcome of self-interested and utilitarian bargaining, and therefore often question the analytical …
Persistent link: https://www.econbiz.de/10014127205
shell companies. This turn of events calls for delineating the appropriate boundaries of secrecy in property. The Article … of secrecy in real estate. It offers an innovative analysis of the ways in which anonymous property holdings might … generate externalities for various types of stakeholders, from central and local governments up to neighboring property owners …
Persistent link: https://www.econbiz.de/10014035789
This Article examines property law’s effect on economic inequality, particularly centered on Thomas Piketty’s findings … property law works to increase the rate of return on capital above economic growth. First, this Article begins by examining how … different aspects of property law work to increase the rate of return on capital. Second, this Article presents a way forward in …
Persistent link: https://www.econbiz.de/10013296986
Adopting a simplistic view of Coase (1960), most economic analyses of property rights disregard both the key advantage … that legal property rights (that is, in rem rights) provide to rightholders in terms of enhanced enforcement, and the … overstate the role of “private ordering” and disregard the two key elements of property law: first, the essential conflict …
Persistent link: https://www.econbiz.de/10013079537