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10 Cards in this Set

  • Front
  • Back
choses in action vs. choses in possession
choses in action are rights to intangible property, whereas choses in possession are rights to tangible property
Non-traditional forms of property
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
Savages v. Barbarians v. Civilization
Savages-- chattels of minimal importance
Barbarians -- invention of pottery
Civilization -- alphabet

SBC
Posner's Criteria for Efficient System of Property Rights
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
Seligman's 5 theories of property
NO LoLS

1. Labor Thoery
2. Legal Thoery
3. Occupation Theory
4. Social Utility Theory
5. Natural Rights Theory
Cuis est solum....translate
To whomsoever the soil belongs, he also owns the sky & to the depths
Absolute Origin for real property title
deed from sovereign nation that held rule over that piece of land
"freedom in common brings ruin to all"
a free society allowed to pursue its own best interests results in collective destruction of common resources
"property is nothing but a basis of expectation...that can only be the work of the law"
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
Reich -- how have gov't progams and subsidies grown into a new species of property
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