Property Law for the Ages

Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more inelastic incomes, and shorter time horizons than those faced by younger people, elderly people encounter a doctrine that often fails to protect their interests.This Article explores five areas of property law and evaluates how each fits—or, more frequently, fails to fit—the characteristics of many older subjects. From the law of takings to the law of waste, and from tenant protections to homeowners’ associations, not only is the law a poor fit, but the consequences for the health, safety, finances, and well-being of elderly people are often dramatic. At the same time, one of the rare significant efforts made thus far to protect older people from some of these consequences—the Fair Housing Act’s protection for age-restricted communities—has generated new inequities of its own that raise important questions about competing civil rights priorities. Accordingly, mindful of the dangers of overcorrection, this Article offers institutional reforms aimed to better protect the interests of older people in each area without unduly infringing upon those of others

Property Law for the Ages

Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more inelastic incomes, and shorter time horizons than those faced by younger people, elderly people encounter a doctrine that often fails to protect their interests. This Article explores five areas of property law and evaluates how each fits—or, more frequently, fails to fit—the characteristics of many older subjects. From the law of takings to the law of waste, and from tenant protections to homeowners’ associations, not only is the law a poor fit, but the consequences for the health, safety, finances, and well-being of elderly people are often dramatic. At the same time, one of the rare significant efforts made thus far to protect older people from some of these consequences—the Fair Housing Act’s protection for age-restricted communities—has generated new inequities of its own that raise important questions about competing civil rights priorities. Accordingly, mindful of the dangers of overcorrection, this Article offers institutional reforms aimed to better protect the interests of older people in each area without unduly infringing upon those of others

Twenty questions about design behavior for sustainability, report of the International Expert Panel on behavioral science for design

How behavioral scientists, engineers, and architects can work together to advance how we all understand and practice design—in order to enhance sustainability in the built environment, and beyond.https://www.nature.com/documents/design_behavior_for_sustainability.pdfPublished versio

Presidential Signing Statements and Executive Power

A recent debate about the Bush administration\u27s use of presidential signing statements has raised questions about their function, legality, and value. We argue that presidential signing statements are legal and that they provide a useful way for the president to disclose his views about the meaning and constitutionality of legislation. In addition, basic tenets of positive political theory suggest that signing statements do not undermine the separation of powers or the legislative process and that, under certain circumstances, they can provide relevant evidence of statutory meaning. Although President Bush has raised many more constitutional challenges within his signing statements than prior presidents have, at least on their face these challenges are similar to challenges made by other recent presidents, such as President Clinton. Whether Bush\u27s views of executive power are significantly different from Clinton\u27s, and if so, whether they are inferior, remain open questions, but these issues are independent of whether signing statements are lawful

Donations to Charity as Purchase Incentives: How Well They Work May Depend on What You Are Trying to Sell,”

ABSTRACT Corporate social responsibility (CSR) has been prompted both by companies that increasingly recognize it as a key to success and by nonprofits that have increasing needs for resources and funding. CSR initiatives include various forms of company involvement with charitable causes and nonprofits that represent them An experiment was designed to test the relative effectiveness of ad messages to promote products on CRM in a 2 (donation framing: absolute dollar value vs. relative percentage of a sale price) X 2 (product price: low vs. high) X 2 (product type: frivolous vs. practical) X 2 (donation magnitude: low vs. high) mixed design. Product type and donation framing were selected to be betweensubjects variables, and product price and donation/cash discount magnitude were operationalized as within-subjects variables. Participants consisted of 217 part-time undergraduate students (95 males and 122 females) from seven evening courses across a variety of disciplines at four large universities in Taiwan. Participants were randomly assigned to one of the four experimental conditions above. In order to eliminate the effects of product-selection bias, two products were chosen for each product type (frivolous vs. practical) based on a pre-test. Shampoo, toilet paper, color ink jet printer, and desktop computer were chosen as practical products with the first two items as less expensive and the other two as more expensive. Compact discs containing with classical music, and movie tickets were used as frivolous lower-priced products. A bedside stereo system and a DVD recorder/player were chosen as frivolous higher-priced items. Eight scenarios were thus developed with order counterbalanced, varying from two products with two price levels (low vs. high) and two donation/cash discount magnitudes (i.e., 5% vs. 25%). Low-priced items were set at NT$129 and NT$190. High-priced items were set at NT$2,590 and NT$3,490.The participants had to choose one preferred option out of two alternatives (i.e., donation vs. cash discount) in each scenario. After successful manipulation checks, a series of analysis of variance were conducted to examine proposed hypotheses. A fourway interaction effect of product type, donation magnitude, donation framing and product price was not found on participants' choices with F<1. Likewise, three-way interaction effects were not found over any combination of these four variables. However, four twoway interaction effects and all four main effects were observed. In line with previous studies, main effects of product type and donation magnitude were found. The main effect of donation framing was also found to be significant. Participants preferred donations framed in absolute dollar terms to relative percentage of a sale price. Yet interestingly, a two-way interaction between donation framing and product type was observed. The effects of charity incentive in absolute dollar terms were stronger in promoting frivolous products than in promoting practical ones. Strahilevitz's results (1999) are held for the conditions of donation framed in absolute dollars, but not for those conditions of donation presented in relative percentage of a sale price. A significant two-way interaction also occurred between donation framing and donation magnitude. To be specific, when the donation magnitude was low, the amount framed in absolute dollars was more effective than that in a relative percentage. However, framing effects of donation amount were significant when the magnitude appeared to be large. A significant main effect of product price was found. Compared with high-priced items, participants preferred a charity-linked product to a cash discount when the product price was lower. More importantly, a two-way interaction between product price and product type was significant. Higher product price weakened the effects of product type on CRM especially when the product was frivolous. Finally, a two-way interaction between product price and donation magnitude was revealed. Compared with products with a low magnitude of donation/ discount, those with a high magnitude of donation/discount significantly reduced participants' willingness to purchase the product with a cause when the price increased. The present study raises concerns over possible ineffectiveness of CRM when bundled with products of certain types (i.e., frivolous products) and when offered at certain donation magnitudes (i.e., higher levels of magnitudes). Theoretical and practical contributions to CRM, consumer purchase decision-making, and marketing practice can be drawn. It is important to go beyond simple demonstrations of the effects of product type and to clarify when a particular cause-related promotion is likely to be observed, reversed, or eliminated with considerations of factors from product characteristics and donation framing. Marketers should present a donation amount clearly in CRM campaigns. How the price effects of a promoted product interacts with product type and donation magnitude offer further useful implications for marketers who seek to optimize the effectiveness of cause-related campaigns. Reference

Property Law for the Ages

Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more inelastic incomes, and shorter time horizons than those faced by younger people, elderly people encounter a doctrine that often fails to protect their interests.This Article explores five areas of property law and evaluates how each fits—or, more frequently, fails to fit—the characteristics of many older subjects. From the law of takings to the law of waste, and from tenant protections to homeowners’ associations, not only is the law a poor fit, but the consequences for the health, safety, finances, and well-being of elderly people are often dramatic. At the same time, one of the rare significant efforts made thus far to protect older people from some of these consequences—the Fair Housing Act’s protection for age-restricted communities—has generated new inequities of its own that raise important questions about competing civil rights priorities. Accordingly, mindful of the dangers of overcorrection, this Article offers institutional reforms aimed to better protect the interests of older people in each area without unduly infringing upon those of others

Property Law for the Ages

Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more inelastic incomes, and shorter time horizons than those faced by younger people, elderly people encounter a doctrine that often fails to protect their interests. This Article explores five areas of property law and evaluates how each fits—or, more frequently, fails to fit—the characteristics of many older subjects. From the law of takings to the law of waste, and from tenant protections to homeowners’ associations, not only is the law a poor fit, but the consequences for the health, safety, finances, and well-being of elderly people are often dramatic. At the same time, one of the rare significant efforts made thus far to protect older people from some of these consequences—the Fair Housing Act’s protection for age-restricted communities—has generated new inequities of its own that raise important questions about competing civil rights priorities. Accordingly, mindful of the dangers of overcorrection, this Article offers institutional reforms aimed to better protect the interests of older people in each area without unduly infringing upon those of others