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Different Views of the Cathedral: The Literature on Property Law Theory

Jonnette Watson Hamilton and Nigel Bankes

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0002
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter reviews property law theory and its literature that aims to show how developments in general property theory may be relevant for energy and natural resources. It focuses on liberal ... More


Intellectual Infrastructure

Brett M. Frischmann

in Infrastructure: The Social Value of Shared Resources

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199895656
eISBN:
9780199933280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199895656.003.0013
Subject:
Law, Environmental and Energy Law

This chapter explores how infrastructure theory applies to cultural-intellectual resources and delineates a class of infrastructure referred to as intellectual infrastructure. It is organized into ... More


Property Rights Created under Statute in Common Law Legal Systems

Barry Barton

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0004
Subject:
Law, Public International Law, Environmental and Energy Law

Common law jurisdictions do not appear to have a generally accepted body of law for ascertaining whether the attributes of property ownership attach to permits granted under statutes. This chapter ... More


Property Rights in Land: Reforming the Heritage

Stuart Anderson

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0002
Subject:
Law, Legal History

This chapter focuses on lawyers' law reform: the Real Property Commissioners, their vision and, indirectly, their description of what real property meant and encompassed. Topics discussed include ... More


Concepts in Resource Property Rights

Anthony Scott

in The Evolution of Resource Property Rights

Published in print:
2008
Published Online:
May 2008
ISBN:
9780198286035
eISBN:
9780191718410
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198286035.003.0001
Subject:
Economics and Finance, Development, Growth, and Environmental

This opening chapter explains how the ‘completeness’ of a property right is measured by the extent to which it has all of six ‘characteristics’. These are exclusivity, duration, flexibility, quality ... More


Property, Privacy, and the Pursuit of Integrated Electronic Medical Records 1

Mark A. Hall and Kevin A. Schulman

in The Fragmentation of U.S. Health Care: Causes and Solutions

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195390131
eISBN:
9780199775934
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390131.003.008
Subject:
Law, Medical Law

Who owns a patient's medical information? The patient, the provider, or the insurer? All of the above? None of the above? In the emerging era of electronic medical records, no legal question is more ... More


Property and the Law in Energy and Natural Resources

Aileen McHarg, Barry Barton, Adrian Bradbrook, and Lee Godden

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0001
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter discusses the various themes addressed in this book, which explores questions of the relationship between property law and energy and natural resources in a wide range of national as ... More


Changing the Nature of Real Property Law

Stuart Anderson

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0005
Subject:
Law, Legal History

This chapter discusses assimilation, conveyancing, and land transfer in the 19th century. Assimilating the law of real property to that of personalty was a common theme among reformers during the ... More


Property Law Sources and Analogies in International Law

Catherine Redgwell

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0005
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter explores property rights protection at international law, while also considering the relationship of ‘ownership’, sovereignty, and sovereign rights of states over their energy and ... More


Access

Zohar Efroni

in Access-Right: The Future of Digital Copyright Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199734078
eISBN:
9780199866137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199734078.003.0003
Subject:
Law, Public International Law

Two principal missions underlay the discussion in this chapter. First, it scrutinizes the notion of “access to information” and translates it into a vocabulary that property law can process and ... More


The Role of the Common Law in Promoting Sustainable Energy Development in the Property Sector

Adrian Bradbrook

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0019
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter suggests that while the major role for promoting sustainable energy development undoubtedly rests with the legislature, the courts have the capacity to play a significant supporting role ... More


Concurrent Liability

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0007
Subject:
Law, Comparative Law, Law of Obligations

This chapter presents an overview of issues of concurrent liability. Topics covered include concurrent liability within unjustified enrichment, unjustified enrichment and contract law, unjustified ... More


Ownership Unbundling and Property Rights in the EU Energy Sector

Iñigo del Guayo, Gunther Kühne, and Martha Roggenkamp

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0017
Subject:
Law, Public International Law, Environmental and Energy Law

On 19 September 2007, the European Commission (EC) proposed a number of amendments to the existing EU energy legislation, including a further step in the gradual introduction of unbundling of energy ... More


The Possibilities of Judicial Revision

William G. Wagner

in Marriage, Property, and Law in Late Imperial Russia

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198204473
eISBN:
9780191676291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198204473.003.0010
Subject:
History, European Modern History

This chapter looks at how the high court redefined property and inheritance law based on social and economic needs, with a wider range of revision compared with those for the family law. The high ... More


People And Land

Jonathan Burnside

in God, Justice, and Society: Aspects of Law and Legality in the Bible

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199759217
eISBN:
9780199827084
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199759217.003.0006
Subject:
Law, Public International Law

This chapter shows how a biblical ideology of divine ownership affects the practice of land tenure and land use. The close connections in biblical Israel between people, land, and narrative means ... More


Property: Values and Institutions

Hanoch Dagan

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199737864
eISBN:
9780199894994
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737864.001.0001
Subject:
Law, Constitutional and Administrative Law

Property law and property theory have become a thriving industry in the legal academy rendering some exciting conceptual and normative challenges. This book covers numerous property issues to provide ... More


The Rule of Capture: The Least Worst Property Rule for Oil and Gas

Terence Daintith

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0007
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter analyses the rule of capture as applied to oil and gas. The rule states that oil and gas become the property of the owner of the land on which they are recovered by lawful drilling or ... More


Property Rights in Oil and Gas under Domanial Regimes

Yinka Omorogbe and Peter Oniemola

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0006
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter examines the property rights over petroleum in situ between the federal, state, and local governments in a federation. It also discusses the legal character of the various property ... More


Eminent Domain and Regulatory Changes

Luis Erize

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0015
Subject:
Law, Public International Law, Environmental and Energy Law

The concept of eminent domain is defined more as an emanation of public powers than as an outright property right, referring thus to the authority of the Sovereign to legislate and to set forth rules ... More


The Significance of Property Rights in Biotic Sequestration of Carbon

Alastair Lucas

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0021
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter explores the role of property rights in the design of appropriate legal structures for biotic carbon sequestration. The objective is a regime that permits creation of biotic ... More


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