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 PropertyprofBloghttp://feedburner.google.com Smith on Institutions and Indirectness in Intellectual Property tag:typepad.com,2003:post-6a00d8341bfae553ef0128765b393d970c 2009-12-18T11:26:00-05:00 2009-12-18T16:26:00Z 2009-12-18T16:26:00Z Henry E. Smith (Harvard) has posted Institutions and Indirectness in Intellectual Property on SSRN. Here's the abstract: Intellectual property rights are controversial because on first glance they present a disjunction between the purposes they serve and the mechanisms they employ.... propertyprof Intellectual Property Property Theory Recent Scholarship Epstein on Heller's Gridlock Economy tag:typepad.com,2003:post-6a00d8341bfae553ef0120a7583670970b 2009-12-17T11:22:00-05:00 2009-12-17T16:22:00Z 2009-12-17T16:22:00Z Richard A. Epstein (Chicago) has posted Heller's Gridlock Economy in Perspective: Why There is Too Little, Not Too Much, Private Property on SSRN. Here's the abstract: This Article critiques Michael Heller’s important contribution in the Gridlock Economy. At no point... propertyprof Property Theory Recent Scholarship Lehavi on Fennell's Unbounded Home tag:typepad.com,2003:post-6a00d8341bfae553ef0128765b2bd8970c 2009-12-17T01:13:00-05:00 2009-12-17T06:13:00Z 2009-12-17T06:13:00Z Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted Is Law Unbounded? Property Rights and Control of Social Groupings on SSRN. Here's the abstract: This review essay follows up on a suggested model for resolving problems of... propertyprof Property Theory Recent Scholarship Hamilton on the Unconstitutionality of RLUIPA tag:typepad.com,2003:post-6a00d8341bfae553ef0128765b2780970c 2009-12-16T14:30:00-05:00 2009-12-16T19:30:00Z 2009-12-16T19:30:00Z Marci A. Hamilton (Cardozo) has posted The Constitutional Limitations on Congress's Power Over Local Land Use: Why the Religious Land Use and Institutionalized Persons Act is Unconstitutional on SSRN. Here's the abstract: The purpose of this Article is to bring... propertyprof Land Use Recent Scholarship Takings Lavine on Berman v. Parker tag:typepad.com,2003:post-6a00d8341bfae553ef0128765b2e94970c 2009-12-16T11:18:23-05:00 2009-12-16T16:18:23Z 2009-12-16T16:18:23Z Amy Lavine (Albany Law School) has posted Urban Renewal and the Story of Berman v. Parker on SSRN. Here's the abstract: The Supreme Court’s 1954 decision in Berman v. Parker serves as the foundation for much of our modern eminent... propertyprof Eminent Domain at the Play Table tag:typepad.com,2003:post-6a00d8341bfae553ef0120a7581f71970b 2009-12-16T10:58:04-05:00 2009-12-16T15:58:04Z 2009-12-16T15:58:04Z Using eminent domain to take legos! With real due process problems. Ben Barros [Comments are held for approval, so there will be some delay in posting] propertyprof Takings Peñalver and Katyal's Property Outlaws tag:typepad.com,2003:post-6a00d8341bfae553ef0120a743f8c7970b 2009-12-11T13:41:03-05:00 2009-12-11T18:41:03Z 2009-12-11T18:41:03Z Yale University has just published Property Outlaws, by Eduardo M. Peñalver (Cornell) and Sonia K. Katyal (Fordham). Here's the burb from the YUP website: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and... propertyprof Books Property Theory Recent Scholarship How Do You Value Damage to a Tree? tag:typepad.com,2003:post-6a00d8341bfae553ef01287639273e970c 2009-12-09T11:19:58-05:00 2009-12-09T16:19:58Z 2009-12-09T16:19:58Z Inquiring minds have wanted to know since Tiger Woods hit his neighbor's tree. Christopher Beam explains at Slate. Ben Barros [Comments are held for approval, so there will be some delay in posting] propertyprof Real Estate Transactions New York Court Rejects Eminent Domain for Columbia Project tag:typepad.com,2003:post-6a00d8341bfae553ef012876105ba5970c 2009-12-04T10:55:29-05:00 2009-12-04T15:55:29Z 2009-12-04T15:55:29Z An intermediate appellate court in New York has rejected the use of eminent domain for a project associated with Columbia University. The New York Times has a story on the case, and Ilya Somin comments at the VC. There seems... propertyprof Recent Cases Takings New York City Bans Storefront Gates tag:typepad.com,2003:post-6a00d8341bfae553ef01287607a2c3970c 2009-12-03T10:04:02-05:00 2009-12-03T15:06:05Z 2009-12-03T15:04:02Z Just in time for those of you looking for an exam question on regulatory takings, comes this New York Times story on the New York City Council's regulation of storefront gates. But the ban on gates that completely block the... propertyprof Of Hotdog Stands and Beach Parties -- Oral Argument in Stop the Beach tag:typepad.com,2003:post-6a00d8341bfae553ef0128760080a0970c 2009-12-02T12:07:46-05:00 2009-12-02T20:30:25Z 2009-12-02T17:07:46Z The Supreme Court heard oral argument this morning in Stop the Beach Renourishment v. Florida DEP. If you are new to the case, this post summarizes what it at stake. My overall view of the case hasn't changed much after... propertyprof Recent Cases Takings Press Stories on Stop the Beach tag:typepad.com,2003:post-6a00d8341bfae553ef012875d91787970c 2009-11-25T11:32:18-05:00 2009-11-25T16:33:00Z 2009-11-25T16:32:18Z Yesterday's Washington Post had a great story on the Stop the Beach Renourishiment case by Robert Barnes. The case was also discussed by Ashby Jones at the WSJ Law Blog. Both made my Dean very happy. Ben Barros [Comments are... propertyprof NY Court of Appeals Decision in Atlantic Yards Case tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6d7242b970b 2009-11-25T11:23:59-05:00 2009-11-25T16:34:08Z 2009-11-25T16:23:59Z The New York Court of Appeals has issued its opinion in the Atlantic Yards case. Unsurprisingly, the court allowed the use of eminent domain to transfer private property to a private developer. Ilya Somin comments at the VC, and the... propertyprof Recent Cases Takings Post-Argument Panel on Stop the Beach tag:typepad.com,2003:post-6a00d8341bfae553ef012875cade79970c 2009-11-23T12:21:19-05:00 2009-11-23T17:21:19Z 2009-11-23T17:21:19Z From Peter Byrne (Georgetown): When: Wednesday, December 2nd, 12:15 PM Where: Hart Auditorium, Georgetown University Law Center 600 New Jersey Ave., NW, Washington, DC Immediately after oral argument in the Supreme Court, hear advocates discuss Stop the Beach Renourishment, Inc.... propertyprof Takings Lehavi on Takings and Taxings tag:typepad.com,2003:post-6a00d8341bfae553ef0120a6af7c76970b 2009-11-18T09:57:44-05:00 2009-11-18T14:57:44Z 2009-11-18T14:57:44Z Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Taking/Taxing Taxonomy on SSRN. Here's the abstract: Takings jurisprudence is engaged in a constant paradox. It is conventionally portrayed as chaotic and “muddy,” and yet attempts by... propertyprof Property Theory Recent Scholarship Takings Testing Theory on Property Exams tag:typepad.com,2003:post-6a00d8341bfae553ef012875971967970c 2009-11-13T12:18:07-05:00 2009-11-13T17:19:21Z 2009-11-13T17:18:07Z Does anyone offer a "pure" theoretical question on their property exam. This semester I assigned 88 pages out of Commodity and Propriety to force students to undertake careful reading in a different context other than cases. So we have weaved... propertyprof Law Schools Property Theory Teaching More on Pfizer's Pull Out From New London . . . tag:typepad.com,2003:post-6a00d8341bfae553ef0120a694d7a7970b 2009-11-13T10:07:50-05:00 2009-11-13T15:10:30Z 2009-11-13T15:07:50Z From the New York Times, and at the Times' Room For Debate blog. Also, Tim Iglesias left this excellent comment to the last post on this subject: In all of the analysis and judgment cited concerning the failure of the... propertyprof Takings Pfizer Pulls Out of New London tag:typepad.com,2003:post-6a00d8341bfae553ef01287570385d970c 2009-11-10T12:21:05-05:00 2009-11-10T17:21:05Z 2009-11-10T17:21:05Z Pfizer is closing its New London facility. The takings in Kelo v. New London seem more and more pointless every day. Various folks in the blogosphere comment: Will Baude, Ilya Somin, Jacob Sullum, Gideon Kanner. Ben Barros [Comments are held... propertyprof Takings Petitioner's Reply Brief in Stop the Beach . . . tag:typepad.com,2003:post-6a00d8341bfae553ef0120a667018f970b 2009-11-09T13:54:24-05:00 2009-11-09T18:55:19Z 2009-11-09T18:54:24Z is now available online. All of the briefs in the case, including amicus briefs, can be found here (scroll down). Ben Barros [Comments are held for approval, so there will be some delay in posting] propertyprof Recent Cases Takings Vermont Takings Conference tag:typepad.com,2003:post-6a00d8341bfae553ef0128756795ac970c 2009-11-09T13:49:35-05:00 2009-11-09T18:49:35Z 2009-11-09T18:49:35Z I'm back from the Regulatory Takings conference that was held at Vermont Law School last Friday. I had a great time and learned a lot. Thanks to John Echeverria and everyone at VLS for organizing the event. Ben Barros [Comments... propertyprof Conferences Takings