Property, Intellectual Property, and Regulation
In: James Y. Stern, Property, Intellectual Property, and Regulation, in The Cambridge Handbook of Classical Liberal Thought (M. Todd Henderson ed., Cambridge University Press 2018).
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In: James Y. Stern, Property, Intellectual Property, and Regulation, in The Cambridge Handbook of Classical Liberal Thought (M. Todd Henderson ed., Cambridge University Press 2018).
SSRN
ISSN: 1758-7867
The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them. In the majority of the cases which follow, the Virginia Supreme Court affirms and reinforces long-standing judicial precedent in Virginia. The most significant development deals with zoning regulations and residential restrictive covenants which affect group homes for the mentally handicapped. In another decision, the court had the opportunity to recognize tortious interference with a prospective contract for the sale of real estate as a cause of action for the first time.
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In: Journal of Valuation, Band 8, Heft 3, S. 272-289
Discusses the performance of equities, direct property and property
shares and provides a background for comparing the advantages and
disadvantages of these two distinct types of property investments.
Highlights the similarities and differences between property shares and
direct property. Concludes that within a multi‐asset portfolio both make
valuable contributions to the structure of the portfolio, but that
property shares are more applicable to smaller ones and are useful for
shifting investment weightings quickly.
In: Texas A&M University Journal of Property Law, 2020
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In: Journal of Property Finance, Band 6, Heft 2, S. 8-19
Property securitization has taken on increased importance in recent
years, as institutional investors have attempted to overcome the
liquidity problems associated with direct property investment and to
access property assets in a more liquid format. This has seen a range of
investment vehicles developed in the UK, US and Australia to meet
different legal structures, tax regimes and economic circumstances.
Presents the results of two surveys of major property investors in
Australia to examine investor attitudes to property securitization. Key
issues to emerge from these surveys are the identification of preferred
ownership structures, advantages and disadvantages of property
securitization, strategic investment considerations concerning property
securitization and future directions for property securitization.
In: Marine policy, Band 23, Heft 6, S. 537-547
ISSN: 0308-597X
In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than being obliged to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. [First paragraph]
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In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than being obliged to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. [First paragraph]
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The 1986 General Assembly may be remembered as much for what it did not do as for what it did. Carried over into the next session was House Bill 810, which would have abolished dower and curtesy in favor of a statutory share for the surviving spouse in the deceased spouse's estate. Of course, passage of this bill would have ushered in significant change in the practice of decedents' estates. Significantly, passage of the bill also would have legislatively overruled recent judicial and legislative activity which has created the sole and separate estate, for both female and male, allowing circumvention of the surviving spouse's claim of curtesy or dower. Many believe House Bill 810 is a long-awaited change whose time has come, but it must wait at least one more year. Of those bills which became law, most noteworthy was House Bill 207. Virginia Code ("Code") section 36-91(c) now provides that group homes, family care homes, or foster homes wherein no more than six physically handicapped, mentally ill, mentally retarded or developmentally disabled persons reside, with or without one or more resident counselors or staff personnel, shall be considered single family residences for the purpose of interpreting restrictive covenants executed after July 1, 1986.4 This legislation was in direct response to Omega Corp. v. Malloy a 1984 Virginia Supreme Court decision which upheld the trial court's determination that a group home for the mentally retarded does not constitute a "single-family use." A key finding in the case was that the presence of a counselor living in the home converted the residence into a facility.
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In: Constellations: an international journal of critical and democratic theory, Band 9, Heft 3, S. 356-374
ISSN: 1467-8675
In: The Canadian Journal of Economics, Band 16, Heft 4, S. 555
Property exists in the following forms: - private property - property of individual civil law entities (individual, legal entity). - public property - property of the people of Ukraine presented as an independent form due to the specific legal regime of its use. Specific legal regime of public property: Property state (is the impersonal property of citizens of Ukraine (subsoil); Procedure for acquiring property rights (permitting and competitive); Settlement entity having a dual (private and public) legal nature (state of Ukraine, local government). Types of property - private property Individual is the ownership of property to an individual or entity. One entity is the plurality or singularity of objects. Joint is the ownership of property jointly to several individuals or entities. Plural entities are the plurality or singularity of objects. Such item belongs simultaneously to individuals or entities entitling them to jointly exercise the powers of the property owner. It is not the thing itself that is divided between the co-owners, but the ownership over it. ; https://youtu.be/WyoASGcgkRo
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