Found 7 article(s) for author 'Joseph William Singer'

Things Invisible To See: State Action & Private Property

Things Invisible To See: State Action & Private Property. Joseph William Singer, June 2018, Paper, “This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine.Link

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Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations

Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations. Joseph William Singer, 2017, Paper, “As same-sex marriage has become the law of the land, business owners who have religious objections to state recognition of such marriages have claimed the” right not to participate” in such marriages by providing goods and services such as flowers …Link

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Regulation Is Just Another Word for Law

Regulation Is Just Another Word for Law. Joseph William Singer, November 10, 2015, Opinion. “Americans are skeptical about regulation. But when we read the news about faulty ignition switches and falsified environmental equipment, we see that the temptation to make short-term profits may blind us to the harms we cause. And it is for that reason, above all, that government needs to do the regulating. Suppose I buy a car from a company that tells me in its ads that the car emits fewer toxic gases than most cars do. Do I have a right to expect that claim to be true? Or can the company lie to me and get away with it? If the company has a duty not to lie, then I might be able to return the car and get my money back. If the company is free to lie, then I am saddled with a car I paid a lot of money for that does not perform as advertised. Property rights in the car must be assigned one way or the other. Either we interpret the contract to include an implied promise that the car works as promised or we saddle consumers with lemons.Link

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Property Law: Rules Policies & Practices, Sixth Edition (Aspen Casebook)

Property Law: Rules Policies & Practices, Sixth Edition (Aspen Casebook). Joseph William Singer, 2014, Cases. “This hugely successful cases-and-problems book, acclaimed for its textual clarity and socially progressive but evenhanded perspective and its contemporary, up-to-date character, is easily distinguished from other property casebooks through its explanations of the social ramifications of property law; its inclusion of numerous statutes and its emphasis on both statutory interpretation and the interrelationship between common law and statutes and regulation…” May require purchase or user account. Link

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Property as the Law of Democracy

Property as the Law of Democracy. Joseph William Singer, 2014, Paper. “In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revitalized property law theory by emphasizing the architectural role that property plays in private law and the ways in which modular property rights reduce information costs and promote both property use and transfer. I applaud Smith’s insistence that we focus on the systemic nature of property rights and the benefits of bundled entitlements. At the same time, it is important to understand the limitations of Smith’s analysis…” May require purchase or user account. Link

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Foreclosure and the Failures of Formality, or Subprime Mortgage Conundrums and How to Fix Them

Foreclosure and the Failures of Formality, or Subprime Mortgage Conundrums and How to Fix Them. Joseph William Singer, December 1, 2013, Paper. “The subprime mortgage crisis was not only an economic disaster but posed challenges to traditional rules of property law. Banks helped create the crisis by marketing mortgages through unfair and deceptive practices. They induced many consumers to take out high-priced loans they could not afford and then passed the risk to investors who were fooled into thinking these were safe investments. These practices violate traditional norms underlying…” May require purchase or user account. Link

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Titles of Nobility: Property, Poverty, and Immigration in a Free and Democratic Society

Titles of Nobility: Property, Poverty, and Immigration in a Free and Democratic Society, Joseph William Singer, June 12, 2013, Paper. “Both property and immigration are premised on exclusion yet both human rights and democratic norms require us to treat every human being with equal concern and respect. While neither sovereigns nor owners can have completely open borders, they have obligations to respect the human dignity of “the stranger.” Biblical sources link the stranger with the poor and develop a version of the Golden Rule that requires both to be accorded “love.”…” May require purchase or user account. Link

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