Search Results - "Eduardo M Penalver"
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1
Land virtues
Published in Cornell law review (01-05-2009)“…This Article has two goals. First, I explore some of the descriptive and normative limitations of certain law-and-economics discussions of the ownership and…”
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A statement of progressive property
Published in Cornell law review (01-05-2009)“…Property operates as both an idea and an institution. The common conception of property as protection of individual control over valued resources is both…”
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THE ILLUSORY RIGHT TO ABANDON
Published in Michigan law review (01-11-2010)“…The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law's concern to…”
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The right not to use in property and patent law
Published in Cornell law review (01-09-2013)“…In 'Continental Paper Bag Co. v. Eastern Paper Bag Co'., the Supreme Court held (1) that patent owners have an absolute right not to practice their patent and…”
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Nature's Personhood and Property's Virtues
Published in The Harvard environmental law review : HELR (01-01-2021)“…This Article evaluates the strategy of claiming personhood for natural objects as a way to advance environmental goals in the United States. Using the Colorado…”
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U.S. nonprofit activity in Cuba : the Cuban context
Published in Cornell international law journal (01-09-2017)“…Current state of United States (US) and non-US non-profit activity within Cuba - how non-profit organisations working in Cuba operate - funding of US…”
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Property as Entrance
Published in Virginia law review (01-12-2005)“…Property rights enjoy almost mythical status within American political thought in large part because of a commonly accepted connection to individual freedom…”
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Judicial takings or due process
Published in Cornell law review (01-01-2012)“…In 'Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection', a plurality of the U.S. Supreme Court concluded that the Takings…”
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9
Restoring the Right Constitution?
Published in The Yale Law Journal (01-01-2007)“…Restoring the Lost Constitution: The Presumption of Liberty, by Randy E. Barnett, is reviewed…”
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Exactions Creep
Published in The Supreme Court review (01-01-2014)“…Fennell and Penalver lay out the doctrinal terrain and show where the Koontz case fits in. They demonstrate the potential boundlessness of the domain to which…”
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Properties of Community
Published in Theoretical Inquiries in Law (16-12-2008)“…Abstract The relationship between individuals and communities all manner of communities, but especially the state is a central preoccupation of property…”
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12
Justice John Paul Stevens
Published in Harvard law review (01-01-2020)Get full text
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13
The Life We Have Chosen
Published in The Chronicle of higher education (18-10-2024)Get full text
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Acts of God or Toxic Torts? Applying Tort Principles to the Problem of Climate Change
Published in Natural resources journal (01-10-1998)“…The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the…”
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Property Metaphors and Kelo v. New London: Two Views of the Castle
Published in Fordham law review (01-05-2006)“…Examines the predominant metaphor of the castle in property discourse in the context of the Kelo v. New London (2005) decision, which concerned the contours of…”
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The Role of Skills Instruction in Legal Education
Published in FIU law review (01-01-2018)Get full text
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RECONSTRUCTING RICHARD EPSTEIN
Published in The William and Mary Bill of Rights journal (01-12-2006)“…[...] he is the conceptual mirror image of Ronald Dworkin, who views individual rights as constraining what otherwise appears to be a broadly utilitarian…”
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18
Properties of Community
Published in Theoretical inquiries in law (01-01-2009)“…The relationship between individuals and communities - all manner of communities, but especially the state - is a central preoccupation of property theory…”
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19
A lawyer's lawyer.(John Paul Stevens)
Published in Commonweal (04-06-2010)“…When the Penn Central Transportation Company, owner of Grand Central Terminal, challenged New York City's popular landmark-preservation statute (which…”
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Free to be fathers?
Published in Commonweal (11-09-2009)“…Profiling a number of families with stay-at-home dads, The Daddy Shift helps dispel the myth that such families are the exclusive domain of the white…”
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Book Review Magazine Article