scholarly journals Reconsidering the Dual Nature of Property Rights: Personal Property and Capital in the Law and Economics of Property Rights

2020 ◽  
Author(s):  
Enrico Rossi
Keyword(s):  
Property Rights ◽  
Law And Economics ◽  
Dual Nature ◽  
Personal Property ◽  
The Law

scholarly journals Misuse of Enduring Powers of Attorney

2003 ◽  
Vol 34 (3) ◽  
pp. 497
Author(s):  
Rachel Kent
Keyword(s):  
Property Rights ◽  
Older People ◽  
Effective Means ◽  
Current Regime ◽  
Personal Property ◽  
Substantial Benefit ◽  
Central Register ◽  
Areas Of Concern ◽  
The Law ◽  
Law Commission

This paper critically evaluates the Law Commission’s recommendations as presented in the Commission’s report reviewing Part IV of the Protection of Personal Property Rights Act 1988. This legislation defines the scope for enduring powers of attorney (EPAs). The paper advocates that the establishment of a central register for EPAs will be of substantial benefit, as it will provide an effective means of monitoring the use and misuse of EPAs. The paper concentrates on the effects of the current regime on older people, and it interviews six individuals who are actively engaged in work with older people in the Wellington region to identify the main areas of concern surrounding EPAs. The focus of the interviews was developed from the Law Commission’s recommendations against the establishment of a central register. The paper identifies some very real concerns with the current law's ability to curb the misuse of EPAs which leave older people open to abuse. It concludes that the Law Commission needs to re-evaluate the issue of misuse of EPAs as its report does not adequately deal with current flaws in the law.

scholarly journals Romantic Authorship and the Rhetoric of Property

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Property Rights ◽  
Information Society ◽  
Law And Economics ◽  
Copyright Law ◽  
Legal Argument ◽  
The Law ◽  
Over Time

This is a review of James Boyle's new book, Shamans, Software and Spleens:Law and the Construction of the Information Society. Boyle's book rangesacross the law of information, which he argues should be treated as aunified discipline. Boyle applies his analysis of "romantic authorship" tothe law of information, arguing that in copyright and elsewhere, the lawgives new works too much protection because it wrongly discounts thesources on which those works necessarily build. In this review, I suggestthat whatever its merits as legal argument, "romantic authorship" does notexplain very much about the features of copyright law, nor why copyrightprotection is expanding over time. I suggest an alternative explanation:that a particular strand of law and economics scholarship that endorsesstrong property rights is pushing for the "propertization" of all valuableinformation.

The Law and Economics of the NCAA’s Claim to Monopsony Rights

2009 ◽  
Author(s):  
Jeffrey Lynch Harrison ◽  
Casey C. Harrison
Keyword(s):  
Law And Economics ◽  
The Law
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