scholarly journals Real Property Law: California Supreme Court Upholds "On Completion" Leases under Rule against Perpetuities

1964 ◽  
Vol 1964 (3) ◽  
pp. 645
Author(s):  
Adrian Kuenzler

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...


2020 ◽  
Vol 16 (1) ◽  
pp. 57-76
Author(s):  
Margot Hurlbert ◽  
Amber J. Fletcher

AbstractSituated within the larger context of Canadian pipeline decisions, it is argued that pipeline proposals in a geography without pre-existing pipelines are unsuccessful in contrast to proposals repurposing and expanding existing pipelines. The Chippewas of the Thames (the ‘Chippewas’) unsuccessfully opposed Enbridge's expansion, reversal and repurposing to crude oil of the Line 9 pipeline in Ontario, Canada. Analysing the Chippewas’ case within the context of recent oil- and gas-pipeline developments, using a lens of intersectionality focused on identity markers of indigeneity, socio-economic status and geographical location, exposes the naturalised power structures of Canadian law. These structures include the legal institutions of real-property law, Crown ownership of wildlife and fish, implicit ‘standing’ of the economy and assimilation of indigenous rights. Exposing this dichotomy of indigenous rights on paper vs. in practice deepens the consideration of indigenous rights, potentially allowing intersecting oppressions to be addressed.


1917 ◽  
Vol 65 (6) ◽  
pp. 603 ◽  
Author(s):  
Reynolds D. Brown ◽  
Harold G. Aron
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