Defn of property; Justifications


Conquest – might makes right; you assimilate what you conquer, taking past owner’s



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Conquestmight makes right; you assimilate what you conquer, taking past owner’s


rights to transfer; They stay by privilege

Wild Animals



Rule of Capture – have to capture (includes mortally wound or trapped) to own (1st

possession not 1st discovery)(Pierson v. Post)

Response – utilitarian theory – disincentive to hunters b/c they could

lose the thing after chasing


Customary Rules – Whale case; Custom produces a rule that promotes certainty – so

follow when one exists (Ghent v. Rich)




Intellectual Property




Use not necessarily exclusive

PRO – Utilitarian – protection of IP gives incentive for invention/innovation


ANTI – Utilitarian – restricts dissemination so prevents optimal use of info

  • monopolist info holder – preventing dissemination through $

  • or for other reasons – artistic integrity

- High cost of enforcement

Directory: sites -> default -> files -> upload documents
upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
upload documents -> Federalism – The Structure of Government
upload documents -> General Info About Property law
upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
upload documents -> Property with Professor Vicki Been
upload documents -> Property Outline – Professor Upham, Spring 2000
upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
upload documents -> Complex federal investigations
upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
upload documents -> Pricing v. Sanctions


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