[PDF] More Property Rules Than Property eBook

Author : BJ Ard
Publisher :
Page : 0 pages
File Size : 12,38 MB
Release : 2019
Category :
ISBN :

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Patent and copyright rely heavily on property rules rather than liability rules: in the event of infringement, courts impose injunctive relief or punitive damages rather than compensatory damages. While this scheme is intended to protect creators' ex ante incentives to engage in intellectual production, the regime raises many problems for the creation and distribution of new works. In particular, it imposes unjustified costs on unwitting infringers and exacerbates the difficulty of coordinating among multiple parties to pursue projects that implicate several IP rights. Both problems could be ameliorated by strategic deployment of liability rules. The law of tangible property demonstrates how this strategy might work. While we often assume that the law protects tangible property with property rules, closer scrutiny shows that courts and lawmakers use liability rules to deal with unintentional trespasses and to circumvent holdout strategies that implicate real property.This analysis yields three payoffs. First, it develops the novel and counterintuitive argument that IP uses property rules in many circumstances where property law uses liability rules. This arrangement is backwards because the greater notice failures, inexhaustibility, and need for cumulative production inherent to our IP regimes relative to tangible property counsel in favor of liability rules. Second, it grounds the debate over the use of property rules versus liability rules in IP in tangible property doctrine, where courts and lawmakers have taken the pragmatic approach of structuring entitlements to facilitate economic progress. Finally, it identifies three ways the choice of remedies could serve as a concrete policy lever to address issues in IP: (1) We can correct notice failures by creating a “reasonable search defense” -- eliminating property rule protection in cases of accidental infringement -- to encourage users to search and owners to publicize their claims; (2) we can defuse holdout strategies by rejecting property rule protection for IP owners who refuse to bargain in good faith; and (3) the state can actively cut through patent thickets and similar anti-commons by utilizing -- or threatening to use -- its march-in rights and authority to enact compulsory licenses.

Author : Daphna Lewinsohn-Zamir
Publisher :
Page : 0 pages
File Size : 32,24 MB
Release : 2015
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ISBN :

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One of the most fundamental issues every legal system must address is the form of protection that should be given to legal entitlements. Calabresi & Melamed offered a simple, elegant criterion for choosing between property rules and liability rules, namely transaction costs. Property rules should be used when transaction costs are low and the parties can bargain with one another. Liability rules are best applied when transaction costs are high and bargaining is impossible or difficult. Recently, however, Ayres & Talley, Kaplow & Shavell, and others have questioned this conventional wisdom. In particular, they claim that liability rules may be superior to property rules even when transaction costs are low. The Article criticizes the new arguments in favor of liability rules, and vindicates the superiority of property rules in low-transaction-cost situations. It draws on insights from behavioral and psychological studies of bargaining behavior to support the use of property rules when bargaining is possible. In doing so, this Article differs from previous critiques of liability rules. In particular, analysis of Ultimatum Game bargaining experiments reveals that negotiation under property rules may be much more successful than scholars tend to assume. Property rules encourage parties to fairly share the gains from the trade and reduce the magnitude of entitlement owners' endowment effect. In contrast, investigation of Dictator Game experiments shows that bargaining in the shadow of liability rules is significantly more problematic than most writers acknowledge. Liability rules induce egoistic behavior, intensify owners' endowment effect and discourage agreement between the parties. Consequently, the negotiation process is prone to end in failure. The subsequent need to resort to coercion powers becomes a self-fulfilling prophecy with negative results in terms of both efficiency and private autonomy. The Article explores the various normative implications of this argument.

Author : Michael Yardney
Publisher : eBook Partnership
Page : 237 pages
File Size : 24,50 MB
Release : 2016-05-18
Category : Business & Economics
ISBN : 1783019522

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Here's your plan for financial freedom in the new economic era, using property investment principles that are tried and tested by Australia's leading authority in wealth creation through property. Fortunes will be made as Australia's property markets move into the next cycle and the divide between the rich and the average Australian is only going to widen. Yet Australia is the land of opportunity and becoming wealth does not have to be a dream. So how do the wealthy get rich? It's not luck and it's not that they had a better education or rich parents. For many it's because they know The Rules of Property Investment. In his new book best selling author Michael Yardney will help you achieve your financial goals faster by showing you to grow a multi-million dollar property portfolio as he shares a roadmap of proven principles and updated strategies in THE RULES OF PROPERTY INVESTMENT. This book is ideal for: Beginning property investors who want to fast track their success by understanding what successful property investors do Experienced investors who feel stuck and want to take their property investing to the next level, and Professional property investors who want to revisit the basics as well as learn some distinctions from Australia's leading expert in wealth creation through property.

Author : Daphna Lewinsohn-Zamir
Publisher :
Page : 80 pages
File Size : 15,78 MB
Release : 2015
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ISBN :

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The common intuition that more is better than less often lies at the heart of arguments regarding legal rules. It supports the belief that the right to take an extreme measure with respect to property encompasses the right to take a more moderate one. For example, scholars have claimed that since owners are free not to transfer their assets, but rather destroy or sell them before death, then they should be entitled to bequeath those assets subject to conditions. As more property is better than less, and some property better than none at all, it is better to inherit property subject to restrictions or conditions than to inherit nothing. It follows that the law should permit moderate measures, lest owners are induced to opt for extreme measures, resulting in less property to other individuals.This Article advances the counterintuitive view that more is not always better than less. First, it shows that numerous legal rules reject the more is better than less argument, and restrict moderate measures relating to property more than extreme measures. In many cases, owners have more freedom to use property than to avoid using it, more power to destroy property than to modify or neglect it, and more liberty not to transfer property than to transfer it conditionally. Second, the Article argues that this seemingly puzzling state of affairs rests on sound normative grounds and on widely tested behavioral observations. Three justifications are advanced for greater scrutiny and intervention in the case of moderate, rather than extreme, measures regarding property rights: protecting potential property transferees, reducing the incidence of low-valuing owners, and correcting distributive errors. These rationales can serve to evaluate and critique existing rules in property law as well as in other legal spheres, such as labor law, zoning law, and contract law.

Author : Franz von Benda-Beckmann
Publisher : Berghahn Books
Page : 384 pages
File Size : 40,67 MB
Release : 2009
Category : Business & Economics
ISBN : 9781845457273

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As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those receiving restitution for past property losses in Africa, Southeast Asia and in eastern Europe, collectives, corporate and individual actors. The volume thus provides a comprehensive anthropological analysis not only of property structures and ideologies, but also of property (and its politics) in action.

Author : D. Benjamin Barros
Publisher : Aspen Publishing
Page : 1292 pages
File Size : 41,4 MB
Release : 2020-02-06
Category : Law
ISBN : 1543817467

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An innovative Property casebook that re-imagines the law school casebook format and covers all the major topics included in a basic 1L Property course, Property Law, Second Edition borrows some pedagogical features commonly found in undergraduate textbooks, making use of sidebars, illustrations, and other design devices to present material more clearly. The authors present concepts simply, then move the discussion toward complexity—the opposite of the approach taken by many current texts. Clear yet sophisticated, the casebook is the perfect choice for all skill levels. Including problems that students can and should be able to do on their own, explanatory answers, and skills-based exercises, this casebook is both professor-friendly and student-friendly. Themes that run through the course are highlighted throughout the book, resulting in a casebook that clearly presents the fundamentals of property law. This allows students to develop an understanding of basic concepts on their own while allowing professors to assist their students in developing an advanced understanding of property law. The authors of Property Law are experts on the property coverage on the bar exam, and while this casebook goes far beyond test-only material, students will benefit from their expertise and will learn every topic they are likely to see on the bar exam. New to the Second Edition: Additional text on racial discrimination and other critical issues in a subtle way, giving instructors the choice of how deeply to explore those issues. Revisions to Chapter 9 to include Murr v. Wisconsin, the Supreme Court’s most recent regulatory takings case. A Revised Chapter 10 that includes new material on Intellectual Property and Property Theory. Minor corrections and refinements throughout the casebook. Professors and students will benefit from: A text that starts from simplicity and moves to complexity: The book first provides text that explains the basic doctrine, then presents a simple case example, and finally moves to more complex issues. Cases that are introduced with explanatory text discussing the law and issues surrounding the case. This radically different approach from most other casebooks allows students to have a better grasp of the concepts and themes before they even read the case. Problems and exercises that students can complete on their own, with explanatory answers included in an appendix. An innovative design that aids student learning, with sidebars, diagrams, charts, and illustrations that make concepts clearer to students. Cases that are used as examples, not introductions to legal rules. Many topics in the book feature introductory text, illustrations, and problem sets before a single case is introduced, to aid in students’ legal learning. The inclusion of sample documents, helping students to understand core concepts. A book perfect for a four-credit course but also features a modular design that can be used in courses of varying credit size. More comprehensive bar exam topic coverage than any competing book.

Author : D. Benjamin Barros
Publisher : Aspen Publishing
Page : 1048 pages
File Size : 11,4 MB
Release : 2024-02
Category : Law
ISBN :

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. An innovative Property casebook that reimagines the law school casebook format. Covering all the major topics included in a basic 1L Property course, Property Law leverages resources more typicall to an undergraduate textbook than a traditional law school casebook, making use of sidebars, illustrations, and other design devices to present material more clearly. The authors present concepts simply, then move the discussion toward complexity in contrast to the approach taken by many current property texts. Clear yet sophisticated, the casebook is the perfect choice for all skill levels. Including problems that students can and should be able to do on their own, explanatory answers, and skills-based exercises, this casebook is both professor-friendly and student-friendly. Themes that run through the course are highlighted throughout the book, resulting in a casebook that clearly presents the fundamentals of property law. This allows students to develop an understanding of basic concepts on their own while allowing professors to assist their students in developing an advanced understanding of property law. Although Property Law goes far beyond bar tested topics, the authors are experts on the property coverage on the bar exam, and wrote the book to give students exposure to every topic they are likely to see on the bar exam. New to the 3rd Edition: ● Some cases have been eliminated or shortened to make coverage more manageable, especially for four-credit courses. Edits from Second Edition will be included in the teacher's manual. ● Chapter 9 revised to include Cedar Point Nursery v. Hassid, the Supreme Court's most recent takings case. ● Additional corrections, updates, and refinements throughout. Professors and students will benefit from: ● Property Law starts from simplicity and moves to complexity: The book first provides text that explains the basic doctrine, then presents a simple case example, and finally moves to more complex issues. ● Cases are introduced with explanatory text discussing the law and issues surrounding the case. This radically different approach from most other casebooks allows students to have a better grasp of the concepts and themes before they even read the case. ● Problems and exercises that students can complete on their own, with explanatory answers included in an appendix. ● Innovative design that aids student learning, with sidebars, diagrams, charts, and illustrations that make concepts clearer to students. ● Cases that are used as examples, not introductions to legal rules. Many topics in the book feature introductory text, illustrations, and problem sets before a single case is introduced, to aid in students' legal learning. ● The inclusion of sample documents, helping students to understand core concepts. ● Perfect for a four-credit course, the book also features a modular design that can be used in courses of varying credit size. ● More comprehensive bar exam topic coverage than any competing book.

Author : Robin L. Einhorn
Publisher : University of Chicago Press
Page : 324 pages
File Size : 38,68 MB
Release : 2001-12
Category : Business & Economics
ISBN : 9780226194868

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In Property Rules, Robin L. Einhorn uses City Council records-previously thought destroyed-and census data to track the course of city government in Chicago, providing an important reinterpretation of the relationship between political and social structures in the nineteenth-century American city. A Choice "Outstanding Academic Book" "[A] masterful study of policy-making in Chicago."—Choice "[A] major contribution to urban and political history. . . . [A]n excellent book."—Jeffrey S. Adler, American Historical Review "[A]n enlightening trip. . . . Einhorn's foray helps make sense out of the transition from Jacksonian to Gilded Age politics on the local level. . . . [She] has staked out new ground that others would do well to explore."—Arnold R. Hirsch, American Journal of Legal History "A well-documented and informative classic on urban politics."—Daniel W. Kwong, Law Books in Review