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Liability rules for constitutional rights: the case of mass detentions.(takings clause approach to nonproperty rights)
February 1, 2004... INTRODUCTION
I. THE CONSTITUTIONAL CATHEDRAL
A. Liability and Property Rules
1. Rights and remedies distinguished
2. Centrality of transaction costs
3. Unified framework of analysis
B. Pliability Rules
...
Toward a new constitutional anatomy.
February 1, 2004...
INTRODUCTION
I. RETHINKING CONVENTIONAL STRUCTURAL WISDOM
A. The Matching Game
B. The Constitution of Power
C. Shifting Power, Shifting Relations
II. SEPARATION OF POWERS
A. Categorical Conflict and Embedded Relations
...
Architecture of consent: Internet protocols and their legal implications.
February 1, 2004...
INTRODUCTION
I. A PROPERTY-BASED VIEW OF THE INTERNET
A. A Brief Introduction to the Internet
B. Articulating Our Intuitions: Notions of Property on the Internet
C. Applying Our Intuitions: Governing the Internet as Property
...
Fourth Amendment yard work: curtilage's mow-line rule.
February 1, 2004...
INTRODUCTION
I. A GRAPHIC EVOLUTION OF THE FOURTH AMENDMENT HOUSE
A. Defining the Fourth Amendment House
B. Curtilage as a Boundary Within Which Structures Are Granted
Protection
C. Modern Curtilage: Curtilage Itself Gets...