PropertyProf Blog

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Univ. of Arkansas, Fayetteville

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Friday, December 12, 2008

Fertile Septuagenarian

A couple of days ago, Kaimi Wenger noted this interesting story out of India:

Rajo Devi became the oldest woman in recorded history to ever give birth on November 28, when the 70-year-old delivered a baby girl in India. . . . The baby was conceived through the use of a donor egg that was injected with Ms. Devi’s 72-year-old husband’s sperm. . . . The record age for giving birth has inched up over the years (well, it’s the record if you don’t count Sarah and Abraham in the Bible) passing through the sixth decade — from 62 to 66 to 67 — an occasional woman at a time.

As Kaimi noted, Jee v. Audley no longer looks as absurd as it once did.

Ben Barros

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December 12, 2008 in Future Interests and the RAP | Permalink | Comments (1) | TrackBack (0)

Thursday, December 11, 2008

First Circuit's Decision in Vineberg v. Bissonnette

How did I miss this?  Last month Judge Selya wrote an opinion affirming a summary judgement award of a painting that Max Stern, an art dealer, was forced by the Nazis to sell at below fair market value in 1937.  The opinion is here.  (Thanks to a link from the Illicit Cultural Property blog.)  There's a lot of stuff in there, though the opinion focuses on a laches argument that the possessor of the property made against the Stern estate's replevin claim.  (I know, I know--laches is an equitable defense and replivin is a legal action.  I had the same reaction.  But the district court allowed the argument and so did the first circuit.)

The possessor of painting ("Girl from the Sabine Mountains") is German baroness Maria-Luise Bissonnette.  She inherited it from her mother in 1991.  Bissonnette's step-father purchased the painting in 1937.

Alfred Brophy

December 11, 2008 in Personal Property | Permalink | Comments (1) | TrackBack (0)

Monday, December 8, 2008

Ostrom on Trust in Private and Common Property Experiments

Elinor Ostrom (Indiana - Political Science) has posted Trust in Private and Common Property Experiments on SSRN.  Here's the abstract:

We report the results from a series of experiments designed to investigate behavior in two settings that are frequently posited in the policy literature as generating different outcomes: private property and common property. The experimental settings closely parallel earlier experimental studies of the investment or trust game. The primary research question relates to the effect of the initial allocation of property rights on the level of trust that subjects will extend to others with whom they are linked. We find that initial endowments as common property lead to marginally greater cooperation or trust than when the initial endowment is fully owned by the first player as private property. Subjects' decisions are also shown to be correlated with attitudes toward trust and fairness measured in post-experiment questionnaires.

Ben Barros

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December 8, 2008 in Property Theory, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Ostrom and Hess on Private and Common Property Rights

Elinor Ostrom (Indiana - Political Science) and Charlotte Hess (Indiana) have posted Private and Common Property Rights on SSRN.  Here's the abstract:

The relative advantages of private property and common property for the efficiency, equity, and sustainability of natural resource use patterns have long been debated in the legal and economics literatures. The debate has been clouded by a troika of confusions that relate to the difference between (1) common-property and open-access regimes, (2) common-pool resources and common-property regimes, and (3) a resource system and the flow of resource units. A property right is an enforceable authority to undertake particular actions in specific domains. The rights of access, withdrawal, management, exclusion, and alienation can be separately assigned to different individuals as well as being viewed as a cumulative scale moving from the minimal right of access through possessing full ownership rights. Some attributes of common-pool resources are conducive to the use of communal proprietorship or ownership and others are conducive to individual rights to withdrawal, management, exclusion and alienation. There are, however, no panaceas! No institutions generate better outcomes for the resource and for the users under all conditions. Many of the lessons learned from the operation of communal property regimes related to natural resource systems are theoretically relevant to understanding of a wide diversity of property regimes that are extensively used in modern societies.

Ben Barros

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December 8, 2008 in Property Theory, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)