Announcements

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.


Table of Contents

Disruptive Philanthropy: Zuckerberg, the Limited Liability Company, and the Millionaire next Door

Dana Brakman Reiser, Brooklyn Law School

Introduction to Evidence and Innovation in Housing Law and Policy

Lee Anne Fennell, University of Chicago - Law School
Benjamin J. Keys, The Wharton School - University of Pennsylvania, Real Estate Department

The Place of Flourishing Families

Nestor M. Davidson, Fordham University School of Law
Clare Huntington, Fordham University School of Law

Ghostly Spatialities in Condominiums: Nuisance Law, Legal Geography, and Intercultural Chorology

Mario Ricca, University of Parma

Markets for Self-Authorship

Hanoch Dagan, Tel Aviv University - Buchmann Faculty of Law


PROPERTY, CITIZENSHIP, & SOCIAL ENTREPRENEURISM eJOURNAL
Sponsored by Syracuse University, College of Law

"Disruptive Philanthropy: Zuckerberg, the Limited Liability Company, and the Millionaire next Door" Free Download
Brooklyn Law School, Legal Studies Paper No. 536

DANA BRAKMAN REISER, Brooklyn Law School
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Facebook founder Mark Zuckerberg and his wife, Dr. Priscilla Chan, announced they would give 99% of their net worth to – in their words – “advance[e] human potential and promot[e] equal opportunity.? To make good on this promise, however, they did not set up a traditional nonprofit, tax-exempt organization. Instead, they founded the Chan-Zuckerberg Initiative, a for-profit, limited liability company. The bulk of this Article provides the definitive explanation for this seemingly bizarre choice. Most importantly, the philanthropy LLC structure offers donors the flexibility to bolster charitable grantmaking with impact investment and political advocacy, free of the restrictions, penalties, and transparency requirements applied to tax-exempt vehicles. In addition, the LLC form provides donors complete control over the organizations they found, including an ability to reclaim donated assets that is absolutely prohibited in nonprofit forms. With careful planning, all of these advantages can be gained at relatively little tax cost. The philanthropy LLC is poised to spread far beyond Silicon Valley to the millionaire next door, a development with the potential to do both good and harm. In its concluding section, the Article explores how a turn to for-profit philanthropic vehicles can both unleash tremendous capital for solving society’s most challenging problems and magnify the influence of our most powerful elites.

"Introduction to Evidence and Innovation in Housing Law and Policy" Free Download
Evidence and Innovation in Housing Law and Policy, Cambridge University Press (2017); Cambridge Core Open Access (2017); ISBN: 978-1-107-16492-5

LEE ANNE FENNELL, University of Chicago - Law School
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BENJAMIN J. KEYS, The Wharton School - University of Pennsylvania, Real Estate Department
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This introductory chapter to the edited volume "Evidence and Innovation in Housing Law and Policy" emphasizes housing's dual role as a vehicle for building community and as a vehicle for building wealth. The volume examines the impact of housing law and policy on households, neighborhoods, urban landscapes, and financial markets. We briefly introduce each of the thirteen contributions to this interdisciplinary volume, which address topics ranging from the recent financial crisis to discrimination and gentrification. We also include an open access table of contents.

"The Place of Flourishing Families" Free Download
Fordham Urban Law Journal, Vol. 43, No. 963, 2017
Fordham Law Legal Studies Research Paper No. 3052288

NESTOR M. DAVIDSON, Fordham University School of Law
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CLARE HUNTINGTON, Fordham University School of Law
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Legal scholars have produced a rich literature exploring how law shapes cities. These scholars have examined issues such as the authority and autonomy of local governments, the nature of urban community, and the geography of metropolitan inequality. Another set of legal scholars has produced an equally rich literature exploring how law shapes families. These scholars have analyzed, for example, how marriage laws systematically disadvantage African Americans and other marginalized groups, how family law reinforces conceptions of traditional families, and how the absence of marriage equality led courts to recognize functional parents. These critical discourses have rarely overlapped—until this Colloquium. Inspired by Professor Huntington’s book Failure to Flourish: How Law Undermines Family Relationships, the Colloquium brought together scholars from multiple fields, inside and outside law, to explore the intersection of urban law and family law. This introductory essay surveys this intersection, highlighting the ways in which flourishing cities can foster flourishing families.

"Ghostly Spatialities in Condominiums: Nuisance Law, Legal Geography, and Intercultural Chorology" Free Download

MARIO RICCA, University of Parma
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In quotidian life, the encounter in space is an encounter of active bodies. It does not occur in a void, but rather within a relational dimension that has been shaped by semantic chisels and interwoven with stories, narrations, and both “real? and “imaginary? recollections. These features of quotidian life are especially apparent inside contexts of multicultural coexistence. Within them, the perception of any given object, event, or subject, is a synthesis of its spatial and semiotic contiguities, formed by sequences of relations and connections that bring about its occurrence. The significance of each entity which “occupies? space is the epitome, the condensation, of previous experiences actualized through memory as well as the possible future implications presentified by imagination. Therefore, that which “is? and its space of existence depend on the configuration of the context of experience and signification.

Lived spaces are, however, social spaces, and as such are targets of axiological, teleological and normative projections. Understanding the space of coexistence implies, therefore, an analysis of its connections with categorical and normative “scansions? that give “rhythm? to its use and mold its meaning. The result of such “semiotic-spatial workings? will be proactively embodied by the cultural, psycho-physical and irreflexive perception of space, so engendering its cosality (or thingness). The reciprocal implications between subjectivity, spatiality and categorization can be effectively understood through the spectrum of a typical source of conflict in housing coexistence: nuisance law.

The outcome of such an analysis leads to the recognition of human rights and their intercultural use as an interface suitable for conveying translation and interpenetration between physical and cultural, close and remote, spaces of experience. Such translational and transactional practices allow for the emersion of a space for multicultural coexistence endowed with the effectiveness inherent in the normativity of law. It appears as a chorological dimension, within which sign and matter, subject and space, categories and geography/topography, together, re-articulate their connotations along a continuum of sense and experience that finds in the condominium and its process of apart-ment (separation/seclusion) both a metaphor and a laboratory for the possibilities of global coexistence, that is, a worldominium.

"Markets for Self-Authorship" Free Download
Cornell Journal of Law and Public Policy, Forthcoming

HANOCH DAGAN, Tel Aviv University - Buchmann Faculty of Law
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Markets are said to serve goals such as efficiently allocating resources and entitlements, rewarding desert, inculcating virtues, and spreading power. This Essay, which was written for a special issue of Cornell Journal of Law & Public Policy on the ethical challenges of the market, focuses on another – arguably the most fundamental – goal: markets can serve our right to self-authorship (or self-determination). The aim of this Essay is to study the market’s autonomy-enhancing telos.

Markets are potentially conducive to people’s self-determination because alienating resources and entitlements enables geographical, social, familial, professional, and political mobility, which is often a prerequisite of meaningful autonomy. Markets are also important to self-authorship because they facilitate people’s ability to legitimately enlist one another in the pursuit of private goals and purposes – both material and social – thus enhancing our ability to be the authors of our own lives.

Appreciating these two autonomy-enhancing roles of the market entails important lessons for liberal law, because a liberal polity is expected to found its major institutions on the commitment to people’s autonomy. Most of these lessons take the form of interpretive recommendations regarding the market’s desirable design as well as instructions as per the background regime it requires. But the status of self-authorship as the ultimate commitment of liberal law suggests that some lessons may go further than that. It implies that at times autonomy may function as a constraint that trumps the market’s other goals when they conflict.

Markets with the primary goal of autonomy enhancement will have several characteristics. Autonomy-enhancing markets must allow universal participation since exclusion and discrimination would undermine their raison d’être. They should also set limits on the power to alienate whenever it erodes our ability to rewrite our life-story and start anew. Such markets should proactively ensure meaningful choices in each major sphere of human action and interaction; but this injunction of intra-sphere multiplicity must be curtailed where cognitive, behavioral, structural, and political economy reasons imply that more choice may actually reduce autonomy. Moreover, when markets are structured to serve autonomy, market relationships are governed by rules that comply with the prescription of reciprocal respect for self-determination, meaning that party interactions in the market are governed by the maxim of relational justice. Finally, since utility is understood to be instrumental to the markets’ ultimate value, which is autonomy, the law of the market must avoid the commodification of people and interpersonal relationships. It should thus employ, in some subsets of the settings it governs, techniques of incomplete commodification ensuring that, while entitlements are exchanged, interactions retain a personal aspect.

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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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Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.