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The idea of property : its meaning and power / Laura S. Underkuffler

By: Publication details: Oxford : Oxford University Press, 2003.Description: xxiv, 179 p. ; 24 cmISBN:
  • 9780199254187
  • 0199254184
Subject(s): DDC classification:
  • 346.04 UND
Online resources:
Contents:
Property as Idea: The Hidden Structure of Property in Law; 1. What Is Property? The Question Posed; 2. Property's Four Dimensions: Theory, Space, Stringency, and Time; Property as Protection: The Clash Between Property Rights and Competing Public Interests; 3. The Power of Property Claims in Law: The Emergence of Two Visions; 4. Two Conceptions of Property: Their (Hidden) Influence in Law; 5. The Variable Power of Rights: A Normative Hypothesis; 6. Predicting the Power of Claimed Rights: A Two-Tiered Model; 7. The Variable Power of Property Rights: Explaining the (Otherwise) Inexplicable in Law; 8. Moving to More Uncharted and Controversial Waters: The Body as Property, Personal Information as Property, Cultural Property, and State Redistributive Claims; 9. Property, Speech, and the Politics of Presumptive Power; 10. Reimagining Public Interests: A Cautionary Note: 11. Reprise: Two Conceptions of Property -- When and Why They are Used in Law; Property as a Constitutional Right: New Directions; 12. The Justice Content of Property: Constitutional Implications; 13. Doctrinal Payoffs: New Approaches to Takings Law; 14. The Constitutional Protection of Property: Some Final Thoughts
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Property as Idea: The Hidden Structure of Property in Law;
1. What Is Property? The Question Posed;
2. Property's Four Dimensions: Theory, Space, Stringency, and Time;
Property as Protection: The Clash Between Property Rights and Competing Public Interests;
3. The Power of Property Claims in Law: The Emergence of Two Visions;
4. Two Conceptions of Property: Their (Hidden) Influence in Law;
5. The Variable Power of Rights: A Normative Hypothesis;
6. Predicting the Power of Claimed Rights: A Two-Tiered Model;
7. The Variable Power of Property Rights: Explaining the (Otherwise) Inexplicable in Law;
8. Moving to More Uncharted and Controversial Waters: The Body as Property, Personal Information as Property, Cultural Property, and State Redistributive Claims;
9. Property, Speech, and the Politics of Presumptive Power;
10. Reimagining Public Interests: A Cautionary Note:
11. Reprise: Two Conceptions of Property -- When and Why They are Used in Law;
Property as a Constitutional Right: New Directions;
12. The Justice Content of Property: Constitutional Implications;
13. Doctrinal Payoffs: New Approaches to Takings Law;
14. The Constitutional Protection of Property: Some Final Thoughts