The Working Group on Property, Citizenship, and Social Entrepreneurism (PCSE) (http://www.law.syr.edu/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.
PROPERTY, CITIZENSHIP, & SOCIAL ENTREPRENEURISM eJOURNAL
Sponsored by Syracuse University, College of Law
"Tragedy or Triumph in Post-Katrina New Orleans? Reflections on Possession, Dispossession, Demographic Change and Affordable Housing"
XL Fordham Urban Law Journal City Square 22 (2013)
Loyola University New Orleans College of Law Research Paper No. 2013-21
JOHN A. LOVETT, Loyola University New Orleans College of Law
This article responds to several legal scholars' critiques of eminent domain and affordable housing policy in the context of post-Katrina redevelopment in New Orleans. First, it addresses Carol Necole Brown and Serena M. Williams call for the deployment of "smart" eminent domain to site and devote Low Income Housing Tax Credit (LIHTC) financed mixed income development projects in the greater metropolitan region of New Orleans. The article explains how eminent domain turned out to be a less useful redevelopment tool than Brown and Williams predicted. Next, the article responds to Stacy Seicshnaydre's indictment of the resistance by suburban politicians to a regional approach to affordable housing development in the New Orleans area and of the tendency to locate new tax-credit financing projects in poorer and minority dominated areas of the region. Although the article agrees with much of Seicshnaydre's critique, it points out that post-Katrina demographic change has led to increasing diversity in many suburban areas of New Orleans in spite of suburban political resistance to dispersal of affordable housing development. Finally, the article addresses Robert Ellickson's call for housing authorities and federal officials to rely more on portable housing vouchers rather than project based aid focused on mixed-income developments by examining the effect of the dramatic increase in post-Katrina voucher use in various areas of New Orleans and the actual effect of tax-credit financed mixed income developments that did take place after Katrina. The article concludes by calling for more extensive interdisciplinary examination of the effects of demographic change and housing policy in the New Orleans metro area.
"A US Court Issues Second Ruling Determining RAND Rate for Standard Essential Patent
e-Competitions Bulletin, No 58558, 2013
MICHAEL A. CARRIER, Rutgers University School of Law - Camden
In the Innovatio litigation, Judge James Holderman of the U.S. District Court for the Northern District of Illinois determined the royalty a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms. Innovatio’s patents related to the 802.11 WiFi standard, which allows wireless devices such as routers, laptops, and cell phones to communicate with one another.
This short article begins by describing how the Innovatio decision adopted a modified Georgia-Pacific framework focusing on the importance of the patent portfolio to the standard and the product, as well as comparable licenses. It explains how the court adopted a "Top Down" approach that (1) starts with the price of a WiFi chip, (2) calculates the average profit a chipmaker earns on the sale of each chip, and (3) multiplies the profit by the percentage of standard-essential patents owned by Innovatio. And it describes Judge Holderman's finding that Innovatio’s patents relating to the 802.11 standard were of "moderate" to "moderate-high" significance and resulted in a royalty rate of 9.56 cents per chip.
Together with Judge James Robart’s opinion in Microsoft v. Motorola Mobility, the Innovatio decision articulates a comprehensive framework for determining RAND royalty rates. As these issues continue to reach the courts, the task will become incrementally easier as the number of RAND licenses on the public record increases, providing more data points for comparison.
"Roman-Dutch Law, Custodianship, and the African Subsurface: The South African and Namibian Experiences"
The Law of Energy Underground: Understanding New Developments in Subsurface Production, Transmission, and Storage, Edited by Donald N. Zillman, Aileen McHarg, Adrian Bradbrook, and Lila Barrera-Hernandez, Oxford University Press, ISBN: 978-0-19-870318-1, Available April 2014, Forthcoming
HANRI MOSTERT, University of Cape Town (UCT), University of Groningen
HUGO MEYER VAN DEN BERG, Koep & Partners, Department of Private Law, University of Cape Town
The legal heritage of Southern Africa provides interesting perspectives on the general theme of section one of this book, i.e. the history and present status of laws governing energy resources in different legal families. Common Law and Civil Law approaches to subsurface resource regulation will be sketched in the contributions of Barton, Gonzalez and Daintith. The "mixed" legal family to which South Africa, Namibia and Botswana belongs, crosses over the common law/civil law divide; to provide for the regulation of subsurface resources in peculiar and often anomalous ways. The reason for this mix is found in the bipartite colonial history of the region.
Our contribution is limited to a study of one particular African perspective on subsurface resource regulation: that of Southern Africa. Here the development of a mixed legal tradition has been most pronounced, because of the region’s particular colonial history. In this chapter, we examine the proprietary principles on which the law relating to subsurface regulation is based, referring particularly to differences in the reception of Roman-Dutch law due to different colonial histories. Our main focus is South Africa and Namibia, although we include superficial references to Botswana. In undertaking this analysis, we are particularly interested in the role that legislative regulation and policy changes have played to amend or substitute Roman-Dutch law rules. This line of inquiry may assist in determining whether the peculiar roots of the mixed legal family investigated here remain influential in current law and practice regulating the subsurface.
We contrast the legacy of Roman-Dutch law in South Africa, Namibia and Botswana, discussing basic tenets of subsurface ownership from the Roman-Dutch law perspective, and tracing the influence that colonialism and constitutionalism had on the development of the legal system as it pertains to the subsurface.
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?
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