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10 Cards in this Set
- Front
- Back
choses in action vs. choses in possession
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choses in action are rights to intangible property, whereas choses in possession are rights to tangible property
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Non-traditional forms of property
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BRaIN
1. Rights to your own body 2. Reliance Interests -- community reliance on industry 3. Intellectual Property -- right to ideas and materials 4. New property created from expanding states. BRaIN |
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Savages v. Barbarians v. Civilization
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Savages-- chattels of minimal importance
Barbarians -- invention of pottery Civilization -- alphabet SBC |
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Posner's Criteria for Efficient System of Property Rights
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E TU Posner?
1. Exclusivity -- right of possession to utilize the land 2. Transferability -- right to transfer ownership 3. Universality -- all resources should be owned by someone |
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Seligman's 5 theories of property
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NO LoLS
1. Labor Thoery 2. Legal Thoery 3. Occupation Theory 4. Social Utility Theory 5. Natural Rights Theory |
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Cuis est solum....translate
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To whomsoever the soil belongs, he also owns the sky & to the depths
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Absolute Origin for real property title
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deed from sovereign nation that held rule over that piece of land
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"freedom in common brings ruin to all"
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a free society allowed to pursue its own best interests results in collective destruction of common resources
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"property is nothing but a basis of expectation...that can only be the work of the law"
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basis of expectation of being able to draw an advantage from a thing possessed that is protected through the establishment of law, without which there would be no protection
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Reich -- how have gov't progams and subsidies grown into a new species of property
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SITE
1. should be treated as property, not as a gratuities 2. Integral part of society 3. taking place of traditional forms of wealth 4. Sense of Entitlement |