Questions for 16 February
- Think seriously about items (2), (3), (4), and (5) at least. We will not
likely get to the others in any great depth. On the other hand, sketching
statutory language is always a good way to ensure that you have thought through
your ideas when you plan on arguing about rights
- Which elements of the bundle of rights constituting property are most important
to those protecting parking spaces in Chicago or Boston? Give an example of
the exercise of each, in the parking space context.
- Right to exclude others
- Power to transfer to another owner
- Privilege to use (for what purposes)
- Duration of rights, powers and privileges
- Power to devise
- Power to destroy (what would this mean?)
- Power (and privilege) to improve
- Power to subdivide
- Anything else
- Should all of these elements be enforceable in a civil action brought
in a regular court? How else could they be enforced or realized?
- What remedies would be most appropriate to protect or vindicate the rights
that you envision with respect to parking spaces?
- Suppose you or someone you know writes or performs a song. Which elements
of the bundle of rights constituting property are most important to
- Take the position, alternatively, of Locke, Hegel/Radin, and Posner with
respect to the Chicago and Boston parking spaces and to the song.
- Is there a commons argument with respect to either property claim?
- Draft a statute that would implement your views of rights in the parking
spaces, taking into account externalities of different approaches.