Prop 3

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Author:
mbdavis707
ID:
297621
Filename:
Prop 3
Updated:
2015-03-05 00:07:22
Tags:
Prop
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Description:
Prop 3
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  1. First in Time
    First discoverer gets exclusive title. (Canada does not recognize)

    McIntosh. Follow status quo
  2. Locke Theory of Labor
    Earn land through labor/improvement

    McIntosh. Indians didn't do this
  3. Pierson v. Post
    Pursuit is not enough for title
  4. Capture Nat. Resource & Animals
    • Actual Bodily Seizure
    • Mortal Wound--intent to appropriate
    • Deprive of liberty
    • Certain control
    • Secured--not actual possession but close
  5. Pierson v Post Dissent
    Reas. prospect of success in your pursuit + intent to own.

    Utilitarian--better to reward hard work
  6. Ratione Soil
    Owner of land has constructive possession of wild animals on land
  7. Capture Subsoil Oil
    You capture, you own.

    Pro Rata Share--just take your own
  8. Fugitive Resources
    Resources that travel freely over boundaries. Can capture and take possession.
  9. INS v. AP.
    Copyright products, others can imitate. Hot News exception
  10. Intellectual Property
    • If ideas are not statutorily protected, others
    • are free to imitate those ideas

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