(explaining that allowing bargaining for downstream use and alienability
would decrease consumer privacy).
The irony here is that the model most closely associated with Piketty's "fundamental laws," the Solow model, is not dependent at all on the property of alienability
. There is no sale of capital to firms.
For present purposes, however, the more perplexing element of the approach under scrutiny is that it imbues the norms governing the alienability
of licenses with a new and uncharted dimension.
Specifically, this new virtual property legislation must be geared toward freer alienability
. The immense restrictions placed on the ability of users to transfer or otherwise assign their rights in virtual property must necessarily be curtailed in order to accommodate the securitization of such assets.
(34.) See Walter Wheeler Cook, The Alienability
of Choses in Action, 29 Harv.
In substance, however, they restrict the ability of the Indigenous nation to apply its own laws whenever they conflict with the restriction on alienability
or the Court's view that their application would allow uses that would deprive future generations of the benefit of that land.
(50) The categories or labels persist despite the functional closeness of some interests as a result of changes in the rules governing alienability
The "recognition through inclusion" model has four main characteristics: (1) surrender or extinguishment of Aboriginal property interests, (2) a description of the ownership interest of the indigenous party to the agreement using the property categories of the settler state, (3) surveys of lands, title to which is held by the indigenous party to the agreement, and registration of those surveyed lands within land titles office established by laws of general application, and (4) provisions that address the alienability
of the indigenous title lands.
However, as borrowers are sure to argue, this extension of Singleton may ignore the purpose of the statute of limitations, which includes encouraging the alienability
of real property, protecting the unexpected enforcement of stale claims brought by plaintiffs who have slept on their rights, and ensuring fairness by not allowing enforcement of unfresh claims against parties who are left to shield themselves from liability "with nothing more than tattered or faded memories, misplaced or discarded records, and missing or deceased witnesses." (48) Justice may not be served by extending the filing deadline on these belated foreclosure actions up to the statute of repose, mortgage maturity, or indefinitely.
as one of a number of restrictions on alienability
within property law,
(23) This is a reference to Marx's observations on the alienability
of money: "Since every commodity disappears when it becomes money it is impossible to tell from the money itself how it got into the hands of its possessor, or what article has been changed into it.
Systems of land tenure based on exclusive usage, fixed boundaries, registration of title deeds, alienability
and permanent settlement were completely foreign to hunter-gatherer world views and effectively excluded them from legal ownership of vital resources.