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

"Contracting for Control of Landscape-Level Resources" Free Download
Iowa Law Review, Vol. 100, No. 101, 2015, Forthcoming

KAREN BRADSHAW SCHULZ, Sandra Day O'Connor College of Law
DEAN LUECK, University of Arizona

Environmental governance increasingly focuses on public-private partnerships. We focus on contracting as a subset of the role of private actors governing landscape-level resources — such as wildlife habitats, scenic vistas, and firescapes — that exceed individual parcel sizes and are thus difficult for individual landowners to control unilaterally. Numerous contractual arrangements have emerged to exert coordinated control over landscape-level resources. We hypothesize that variations in laws and transaction costs, which are controlled largely by the homogeneity of landowner preferences across fragmented parcels, drive private control of landscape-level resources. In the absence of effective private control, government agencies may assume control of the landscape-level resources. A series of case studies discusses how law shapes the conditions that favor private contracting regimes of landscape-level resources, which highlight broader themes of law as a catalyst for new governance.

"No, RIAA, It's Not the End of the World for Musicians" Free Download
University of Missouri-Kansas City Law Review, 2014

MICHAEL A. CARRIER, Rutgers University School of Law - Camden

Technological advances threaten established business models. That is Innovation 101. In particular, that is Disruptive Innovation 101, by which revolutionary business models disrupt the status quo, introducing new frameworks that displace demand for the original.

Such an observation plays a large role in explaining why the record labels have called for more expansive copyright protection. Caught flat-footed by the technological revolution unleased by digital distribution and peer-to-peer (P2P) services like Napster, the labels have blamed much of their woe on copyright infringement.

This Article, written for a symposium on music and copyright, rebuts these dire proclamations. It shows that the sky is not falling for musicians. And it shows how innovations in technology have made it easier for musicians to participate in every step of the process: creation (GarageBand), distribution (Twitter, YouTube), marketing (Topspin, Bandcamp), royalty collection (CD Baby Pro, TuneCore), crowdfunding (Kickstarter, Indiegogo), and touring (Songkick, Bandsintown). The article concludes by highlighting examples of musicians forging stronger connections with their fans.

"The Public Trust Doctrine, Private Water Allocation, and Mono Lake: The Historic Saga of National Audubon Society v. Superior Ct." Free Download
Environmental Law, Vol. 45, 2015

ERIN RYAN, Lewis & Clark Law School

This article tells the epic tale of the fall and rise of Mono Lake — the strange and beautiful Dead Sea of California — which fostered some of the most important environmental law developments of the last century, and which has become a platform for some of the most potentially important developments in the new century. It shares the backstory and legacy of the California Supreme Court’s famous decision in National Audubon Society v. Superior Court, 658 P.2d 709 (Cal. 1983), known more widely as “the Mono Lake case.? Inspired by innovative legal scholarship and advocacy, the decision spawned a quiet legal revolution in public trust ideals, which has redounded to other states and even nations as far distant as India.

The Mono Lake dispute pitted advocates for the local ecosystem and community against proponents of the continued export of Mono Basin water to millions of thirsty Californians hundreds of miles to the south. The controversy itself spanned decades, but the story leading up to the litigation stretches back more than a hundred years, adding depth and dimension to the tale that is easily missed on a casual reading of the Audubon Society decision itself. It is a case study on the challenges and possibilities for balancing legitimate needs for public infrastructure and economic development with competing environmental values, all within systems of law that are still evolving to manage these conflicts. And at this particular moment in time, commemorating the hundredth anniversary of the Los Angeles Aqueduct that would threaten the lake and the twentieth anniversary of the State Water Board’s ultimate decision to save it, the Mono Lake story is especially worth revisiting.

Part II introduces the main cast of characters in the Mono Lake story, starting with the public trust and prior appropriations doctrines around which the legal controversy unfolds. Part III introduces the three places at the center of the drama — Los Angeles, the Owens Valley, and the Mono Lake Basin — in recounting the history of the Californian water struggles leading up to the Mono Lake case. Part IV discusses the Audubon Society litigation itself and its aftermath, reviewing the court’s conclusion and the subsequent decision by the California Water Resources Control Board implementing the judicial directive. After analyzing the most important doctrinal developments in the opinion, it discusses subsequent critiques and new developments in public trust law.

Part V concludes with parting reflections about important questions that the Mono Lake story leaves us to ponder, including whose interests count when we talk about the “public? trust, how they differ from aggregated private interests, and which to account for when balancing the economic, cultural, and environmental considerations in public trust conflicts. It considers the extent to which the doctrine creates substantive or procedural obligations, and the responsibilities of different legal actors and institutions in implementing them. The contested answers to these questions are what make the public trust doctrine so fascinating, so powerful, and so critical as we continue to confront the inevitable crises between competing natural resource values.

"Patent Licensing and Secondary Markets in the Nineteenth Century" Free Download
George Mason Law Review, Vol. 22, No. 4, Forthcoming Summer 2015
George Mason Law & Economics Research Paper No. 15-17

ADAM MOSSOFF, George Mason University School of Law

The selling, buying and licensing of patents is controversial today. Inventors, companies, and universities who license their patents are labeled with the “patent troll? epithet, and academics, judges, lobbyists and others have decried this commercial activity as a new, harmful phenomenon. This historical claim, though, is profoundly mistaken. This essay contributes to the ongoing academic and policy debates by presenting new historical data and summarizing preexisting historical scholarship on the hoary practice in America’s innovation economy of both patent licensing and the buying and selling of patents in what economists call a “secondary market.? Famous inventors, such as Thomas Edison and Charles Goodyear, used this business model, as did many other inventors and companies. In sum, patent licensing and secondary markets have long been a key part of America’s innovation economy since the early nineteenth century.


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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