The Working Group on Property, Citizenship, and Social Entrepreneurism (PCSE) ( is sponsored by the Syracuse University College of Law and its Program in Law and Market Economy. The Program in Law and Market Economy is an interdisciplinary program focusing on the relationship among law, markets, and culture. Within this context the Working Group on PCSE brings together experts from a variety of institutions to discuss and explore issues related to property law, governance, and globalization. The Group will provide an ongoing forum for the publication of important new works.

Sponsored by Syracuse University, College of Law

"Who is My Client? Client-Centered Lawyering with Multiple Clients" Free Download
22 Clinical L. Rev. 145 (2015)

JULIE D. LAWTON, DePaul University - College of Law

Many lawyers face the challenge of adhering to the idealistic principles of objective client-centered lawyering. This Article examines the additional conflict of client-centered lawyering when the attorney seeks to balance not only the attorney’s ethical obligations to the attorney’s individual corporate client, but also the attorney’s competing personal obligations to a cause and a group (such as members of a particular race). When an attorney’s sense of duty to a cause or the attorney’s race rises to the level where the advocacy for those groups becomes, in essence, that attorney’s cause client and race client, how does the attorney balance these obligations? The attorney, at that point, has an individual corporate client, a cause client, and a race client. This Article examines how a lawyer’s sense of duties to these non-legal clients impacts the attorney’s implementation of the utopic ideals of client-centered lawyering. How does an attorney remain objective in counseling the individual corporate client while torn by the duties to the cause client and race client? How does an attorney prevent the pursuit of these goals from influencing the choice of entities to accept as clients? Is it possible to provide client-centered objective advice to clients when an attorney has these competing personal duties that threaten to unduly influence the attorney’s actions?

"Brief Amici Curiae of 48 Law, Economics, and Business Professors and the American Antitrust Institute in Support of Appellants" Free Download
Third Circuit brief in In re: Effexor XR Antitrust Litigation, 2015

MICHAEL A. CARRIER, Rutgers University School of Law - Camden
STEVE SHADOWEN, Hilliard & Shadowen LLP

In FTC v. Actavis, the Supreme Court held that a brand payment to a generic to delay entering the market could have "significant anticompetitive effects" and violate the antitrust laws. In In re Effexor, the District of New Jersey court erred in requiring plaintiffs to produce, at the motion-to-dismiss stage, evidence typically considered at summary judgment or trial. The court's opinion is inconsistent with Actavis, the Third Circuit's Lamictal decision, and pleading standards articulated in the Supreme Court's Twombly and Iqbal rulings. On behalf of 48 professors and the American Antitrust Institute, this Third Circuit amicus brief urges reversal.

The brief first argues that Actavis would be significantly undermined if courts could impose excessive standards at the pleadings stage that effectively make it impossible for plaintiffs to succeed on a claim despite allegations of conduct that violates the antitrust laws and costs consumers hundreds of millions of dollars.

The brief next contends that the excessive pleading requirements imposed are not consistent with Lamictal, as the Third Circuit made clear that Actavis applies to non-cash payments, in particular settlements in which brands agree not to introduce their own version of generics (known as "authorized generics" or "AGs") that would compete with true generics. Entry by an authorized generic threatens to cut true generics' revenues in half in the 180-day exclusivity period reserved for the first generic to challenge a brand firm's patent, claiming invalidity or infringement. For that reason, it is common business practice in the pharmaceutical industry to recognize that brands' promises not to introduce AGs are extremely valuable to generics and entail sacrifice by the brand that cedes the revenue it would gain from selling generics.

Finally, in manufacturing heightened pleading thresholds, the Effexor court misread Twombly, Iqbal, and Third Circuit opinions. And it ignored the well-pleaded components of a complaint that alleged (1) an 11-month delay in marketing an authorized generic; (2) well-documented findings of the effects of AGs on first-filing generics; (3) reference to a drug with similar revenues for which an AG reduced revenues by hundreds of millions of dollars in a period roughly half as long; and (4) a lopsided comparison of the value provided by the no-AG agreement with litigation costs.

"An Empirical Study of Modification and Termination of Conservation Easements: What the Data Suggest About Appropriate Legal Rules" Free Download
NYU Environmental Law Journal, Vol. 24, No. 1, 2016

GERALD KORNGOLD, New York Law School
SEMIDA MUNTEANU, Lincoln Institute of Land Policy
LAUREN E. SMITH, London Fischer LLP

The acquisition of conservation easements by nonprofit organizations (“NPOs?) over the past twenty-five years has revolutionized the preservation of American land. Recently, however, legislatures, courts, practitioners, and commentators have debated whether and how conservation easements should be modified and even terminated. The discussion has almost always been on a theoretical level without empirical grounding and has sometimes generated much heat but little light. The discussion has lacked the necessary empirical context to allow legislatures and courts to thoughtfully develop resolutions to these issues free from sloganeering and posturing.

This article provides and analyzes a previously uncollected dataset that offers guidance on the appropriate rules of law for conservation easement modification. It examines policy goals in light of the data to suggest various modification rules that would be more effective than current practice. The dataset represents a significant sample of easement modifications that have been made during a six year period (2008-2013) and indicates several findings: first, modifications have actually been taking place, despite claims that conservation easements are “perpetual,? apparently indicating that NPOs need flexibility in at least some areas; most of the changes have been “minor? and have been either conservation neutral or conservation positive, though one would expect pressure for more significant alterations over time due to shifts in the environment and human needs; there is a range of types and degree of modifications to this point, suggesting that there should be a spectrum of procedural and substantive requirements for the different varieties of modifications; and, a mandate for a stand-alone, state registry of conservation easements and modifications would allow for improved policymaking.

The article suggests that a doctrine that requires different procedures and substantive rules for various categories of modifications — a sliding scale — may yield the best, policy-based results. The work also identifies and analyzes existing doctrines — federal tax law, specific state statutes, charitable trust doctrine, standing rules, and director liability — that would need to be altered or clarified to adopt effective modification rules.

"Trends in Private Land Conservation: Increasing Complexity, Shifting Conservation Purposes and Allowable Private Land Uses" Free Download
Land Use Policy 51, 76–84 (2016 Forthcoming)

JESSICA OWLEY, State University of New York (SUNY) at Buffalo - Law School
ADENA R. RISSMAN, University of Wisconsin-Madison

The terrain of private-land conservation dealmaking is shifting. As the number of acres of private land protected for conservation increases, our understanding of what it means for a property to be "conserved" is shifting. We examined 269 conservation easements and conducted 73 interviews with land conservation organizations to investigate changes in private-land conservation in the United States. We hypothesized that since 2000, conservation easements have become more complex but less restrictive. Our analysis reveals shifts in what it means for private land to be "conserved." We found that conservation easements have indeed become more complex, with more purposes and terms after 2000 compared to conservation easements recorded before 2000. However, changes in restrictiveness of conservation easements varied by land use. Mining and waste dumping were less likely to be allowed after 2000, but new residences and structures were twice as likely to be allowed. We found a shift toward allowing some bounded timber harvest and grazing, and a decline in terms that entirely allow or prohibit these working land uses. Interviews revealed staff perceptions of reasons for these changes. Our analysis suggests that "used" landscapes are increasingly important for conservation but that conserving these properties stretches the limits of simple, perpetual policy tools and requires increasingly complex and contingent agreements.


About this eJournal

Sponsored by: Syracuse University, College of Law.

The eJournal of Property, Citizenship, and Social Entrepreneurism (PCSE) is an interdisciplinary journal dedicated to exploring the core principle that a just and accessible property law system is the basis for both good citizenship and successful socio-legal development. This eJournal distributes working and accepted paper abstracts primarily concerned with matters of property as they relate to the human process of exchange, the fostering of democratic institutions, the building of sustainable communities, the stewardship of the global environment and its natural resources, the promotion of citizenship, and the development of market institutions that respond to and promote a worthy social mission.

Our goal is to explore the legal infrastructure of property in broad terms: encompassing concerns for real, personal, intangible, and intellectual property, as well as looking at property related financial markets (including real estate mortgages, personal property security interests, licensing, and securitization).

Making reference to specific examples of property (in its various forms) we will address the following types of issues.

1) To what extent do property rights reduce or eliminate the need for government regulation (particularly command and control-regulation) while enhancing the environment for open market approaches to economic development and globalization? This includes consideration of the way in which property rights actually reduce transaction costs, correct for problems raised by the tragedy of the commons, and organize society in a way that fosters efficient economic development.

2) What is the role of privatization of State controlled property in the transformation process? How should privatization be approached and what distinctions need to be made between public, private, and state property? This includes discussion of necessary support infrastructure for successful privatization, and consideration of the need for government control over private companies dealing with public utilities, natural resources, and transportation systems.

3) To what extent do property rights enhance citizenship and advance democratic institutions? What role does private property play in creating political elites and the structures needed for controlled development and social transformation? How can property rights be used to make the rule of law more tangible, and to promote civic participation and inclusion? How are property rights related to citizenship issues respecting matters of race, gender, ethnicity, urban or rural location, and other factors?

4) To what extent do property rights promote entrepreneurism, including social entrepreneurism focusing on values other than mere maximization of economic wealth and efficiency? How can property rights fuel economic development while helping to reduce poverty?

5) In a world of global financial institutions such as the European Development Bank, The World Bank, and the IMF, with the power to influence indirect or quasi-law making, how are global property law systems to develop and become institutionalized? How do these institutions facilitate problems related to globalization and harmonization, and what are the socio-legal implications from such activity?

Editor: Robin Paul Malloy, Syracuse University


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