Private and Common Property: Liberty, Property, and the LawRichard A. Epstein First published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is as broad as law itself. Lawyers must have recourse to the grand principles of economic and social thought, but tempered with an awareness of how the novel circumstances of an individual case can call into question some of the elements of the grandest of theories. In this volume, therefore, the emphasis is as much on the points that separate different forms of property as it is on the conceptual theme that links all forms of property rights together. |
Contents
Dialogue on Private Property | 1 |
The Federal Communications Commission | 33 |
The New Property | 73 |
The Nature and Function of the Patent System | 129 |
Common Law Intellectual Property and the Legacy of International News Service v Associated Press | 155 |
Possession as The Root of Title | 175 |
Property in Land | 199 |
Custom Commerce and Inherently Public Property | 285 |
On the Optimal Mix of Private and Common Property | 357 |
Acknowledgments | 383 |
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Common terms and phrases
adverse possession agricultural American apply benefits Blackstone boundaries broadcasting claim classical commerce Commission common law conflict contract costs create custom customary rights deadweight losses decision defined definition Demsetz denied difficult Econ economic efficient eminent domain example exclusive Federal Communications Commission fee simple fields find firms first fish fishing frequencies function government largess governmental grant holdout holdout problem Hutterites individual industry infra text accompanying institution invention Jamestown kibbutzniks labor land regimes landowners license limited ment natural official owner ownership parcels patent system persons possession prescription private property privilege problem property rights protection public interest public property public trust public trust doctrine question radio recreation regulation road roadway rules significant social specific stations supra note supra text accompanying text accompanying notes theory tion trade secrecy transaction United users usufruct waterways wealth WILLIAM BLACKSTONE