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15 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)
State v Shack
guy comes to tell migrant workers about rights. He can intrude because societal objectives are more important
state comes to the shack
mobile home case: punitive damages for wanton intrusion
"I don't care"
Lockean theory of property
we own our bodies and anything that comes from them
property is essential to individual identity because it reflects how we are percieved by others
Lippman / Friedman
independence: dissent,
Bentham / posner
resources should be put to their best use for efficiency.
tragedy of the commons
property gives an incentive for maximizing resources
farmer / railroad.
they should make a bargain--the railroad can buy an easement.
Edwards v Simms
Majority: From the ground beneath to the heavens above.
Dissent: only what you are profiting from and using
the cave
how do courts protect property rights usually
what is really the practical effect of an injunction?
a better bargaining position
Moore v Regents
holdig and policy
Cell case: Moore needed title or possesion. They said it wasn't Moore's property partly because they didn't want researchers to be subject to the strict liability that accompanies conversion
spleen cells
How is the holding in Moore (that the spleen isn't property) limited?
it only applies to voluntary parting with a body part
Evans v Merriwether
riparian rights: cannot hinder downstreamer's natural needs
what are the 3 riparian doctrines?
natural flow
reasonable use: fill natural needs and don't hurt anyone
prior appropriation: its all yours (in the west)