Bundle of Rights Reversed: Anticommons in a Japanese Common Property Forest Due to Legalization

Rescuing the Bundle-of-Rights Metaphor in Property Law

For much of the twentieth century, legal academics conceptualized property as a bundle of rights. But property theory today is deeply divided between theorists who focus on property's ends, i.e., its reflection of values such as democracy or human flourishing, and those who focus on property's means, i.e., its use of qualities such as modularity and exclusion to manage complexity in a cost-effe...

A Genetic-DEA Approach to Reveal Property Rights Priorities

Duality in property: Commons and anticommons

Commons and Anticommons problems are the consequence of symmetric structural departures from a unified conception of property. In this paper, we endeavor to provide a dual model of property, where commons and anticommons problems are the consequence of a lack of conformity between use and exclusion rights. The general model is then extended to consider the different equilibria obtained under ve...

Managerial Approaches to Support Intellectual Property Rights in Museums

Some of the cultural works which are considered as cultural heritage, regardless of their antiquity and precedence, are simultaneously subject of the legal systems of intellectual property rights and cultural heritage law. This situation can lead to a conflict of interest between private ownership and public law which, in turn, may create many problems for the management of cultural heritage wh...

Managerial Approaches to Support Intellectual Property Rights in Museums

Some of the cultural works which are considered as cultural heritage, regardless of their antiquity and precedence, are simultaneously subject of the legal systems of intellectual property rights and cultural heritage law. This situation can lead to a conflict of interest between private ownership and public law which, in turn, may create many problems for the management of cultural heritage wh...