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Demystifying the right to exclude: of property, inviolability, and automatic injunctions.
- Article from:
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Harvard Journal of Law & Public Policy
- Article date:
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March 22, 2008
- Author:
- Balganesh, Shyamkrishna
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Copyright informationCOPYRIGHT 2008 Harvard Society for Law and Public Policy, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property practice. For some time now, the right to exclude has come to be understood as nothing but an entitlement to injunctive relief--that whenever an owner successfully establishes title and an interference with the same, an injunction will automatically follow. Such a view attributes to the right a distinctively consequentialist meaning, which calls into question the salience of property outside of its ...
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Information asymmetries and the rights to exclude.
Michigan Law Review;
August 1, 2006 ;
Strahilevitz, Lior Jacob;
787 words
......commentators have deemed the right to exclude foremost among the property rights...confusion about the nature of the right to exclude. This confusion manifests itself...opinions. Discussions of a unitary right to exclude in property law obscure more...
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Landowner can sue over retaliation for invoking right to exclude.
Land Use Law Report;
February 8, 2006 ;
766 words
......criminal charges against him. Right to Exclude Includes Government Robbins sued...exercising his Fifth Amendment right to exclude others from his property, the court noted. The right to exclude is a fundamental element of the...
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OSU FACES LAWSUIT CITING RIGHT TO EXCLUDE GAYS.(News)
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272 words
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THE SCOUTING WAY WE SHOULD HONOR SCOUTS' RIGHT TO EXCLUDE WHOM THEY...
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Parents have right to exclude children
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380 words
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August 5, 1999 ;
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787 words
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 "The Daily Record (Baltimore)")
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787 words
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August 2, 1998 ;
Tracy Thompson;
787 words
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