Three concepts of rights, two of property

Sometimes rights are taken to describe concrete, bottom-line entitlements, sometimes a kind of ground of such entitlements. I suggest that this difference reflects not so much disagreement or uncertainty as to the nature of rights as different applications and senses of the term ‘right’, each expressing a different idea or concept. Much work on rights is compromised by a failure to distinguish these concepts of a right, nowhere more so than in private law, where it accounts for difficulties lawyers have faced when seeking to distinguish personal (in personam) and proprietary (in rem) rights

The myth of the remedial constructive trust

Remedial constructive trusts are held out as a way for the courts to make better decisions: freed from the strictures of rules, courts would be better positioned to do justice on the facts, tailoring a remedy to the circumstances of the case. If this were true, their rejection in English law would be a serious failing. But a closer look at the relationship between rules and discretion suggests that it’s not true and that, when discretion is in genuine opposition to rule-determined decision-making, the outcome is not more justice but less. Moreover, when we look to the arguments of those calling for remedial constructive trusts to be introduced into English law and to those jurisdictions which claim to recognize them, this much seems to be agreed. Such differences as there are go instead to the substantive rules which govern the operation of constructive trusts. So the question English law faces is not whether we should recognise some ‘new model’ of constructive trust, but rather the more familiar inquiry into what rules are best. In addressing this question, the idea of the ‘remedial’ constructive trust is only an unnecessary distraction

Property, unjust enrichment and restitution.

This thesis examines the law's response to defective transfers and other misapplications of assets and argues that the present variety of responses is unprincipled and fails to treat like cases alike. Sometimes, when A mistakenly transfers property to B, the law says that, because of the mistake, A's legal title to that property never left him. At other times the law says that legal title did pass to the recipient but that the mistake leads to a new equitable title to the property arising in A's favour. And at other times, the law says that A relinquishes all title to the property but has instead a personal claim against the recipient for recovery of the value of the property mistakenly transferred. These differences matter because they affect issues such as the measure and form of recovery, the impact of B's insolvency, and the availability of defences. Yet in all such cases the claimant's complaint seems to be the same: the asset was mine to dispose of and I did not consent to its passing to the defendant. If all these cases are concerned with the same question, they should all receive the same answer. Accordingly a new, uniform approach, consistent with the principles underlying such claims, will be put forward. This will then point the way to a clearer understanding of certain issues of a more fundamental nature, such as the organisation and structure of private law, the use of concepts in legal theory and reasoning, and the distinction between property and obligations

The Grizzly, March 28, 1995

1995 Ursinus Model U.N. Delegation • Japanese Shocked by Gas Attack • Ursinus Spring Service Day Update • Letters to the Editor: Regarding the Core; They Might be Giants ... or not?; Looking for a Perfect Friend? • Faculty Spotlight: Dr. Stephen Hood • Men\u27s Tennis Team Comes Close • Sammartino, Keith Named Co-Players of the Week • Baseball Team 4-0 Since Coming North • Lacrosse Team Opens With a Win • Softball Team Extends Winning Streakhttps://digitalcommons.ursinus.edu/grizzlynews/1357/thumbnail.jp

The Grizzly, September 12, 1995

Strassburger to Students: Be Responsible • Class of \u2799 Arrives, Survives Orientation • Seneca Falls: The Birthplace of Women\u27s Suffrage • Treasure Hunt, Anyone? • Students Dedicate Mural To Strassburger • Did You Get Your Invitation? • Reality 100 • Biology Boot Camp • Want to be a Tech-y? • WVOU: It\u27s up to You • Internet Site of the Week • A Whole New Dining Experience • Commuter Connections • Get Involved by Joining a Committee • Victory: Bears Defense Shuts Down WPI • Women\u27s soccer: The Spirit to Fight • New Look for UC Volleyball Team • Lady Bears Win Field Hockey Openerhttps://digitalcommons.ursinus.edu/grizzlynews/1361/thumbnail.jp

The Grizzly, October 31, 1995

Drug Raid at Graterford Prison • Inauguration Day • Ruby Update • Better Safe Than Sorry • Ursinus Students, Parents to Co-Sponsor Can-a-Thon for Needy • Trick or Treaters Invade Quad • Debate: Censorship • Dr. Nagy Responds • Homophobia is not Closed-Mindedness • It Wasn\u27t About Farrakhan • March for Family Value Restoration • Truth, Justice, and the American Way • Ignorance Breeds Fear • Homosexuality is a Choice • Ursinus Choir and Meistersingers Perform Works by Purcell • An Evening Perspective • The Parable of the Beach • Spotlight: Beatrice May • B.Y.O.! • Soccer Defeats Cabrini, Falls to Muhlenberg • Field Hockey Drops Decisions to St. Joe\u27s and Rutgers • Harries Compete in CC Championship • Season Ends with Losshttps://digitalcommons.ursinus.edu/grizzlynews/1367/thumbnail.jp

The Grizzly, March 21, 1995

Ursinus and PV District Announce Partnership • Cross-dressers, Polka Dancers, and the Jackson Five: Airband \u2795 Raises Over $2400 • No Ruby for Class of \u2796? • Spotlight on Dr. Hemphill • Fatal Talk Shows: Jenny Jones Show Provokes Homicide • Choral Ensemble Presents Annual Concert • Housing for Everyone • Student Spotlight: Kristen Baldini • Portrait of Venezuela • Experiencing proTheatre at U.C.! • Searching for a Topic • Letters to the Editor: It\u27s a Matter of Time; What Happened to B.Y.O.? • Princeton Concert Jazz Ensemble to Perform • Gilot Speaks About Paintings • ProTheatre to Perform Our Country\u27s Good • Baseball Finds Fun in the Sun • Sammartino Powers Softball Team on Southern Trip • Lax Team Routs Widener • Cosgrove Named Second-Team All American • Men\u27s Tennis Off to Tough Start • Courtney 11th on Beam • Cauley 18th at Swimming Championships • Ursinus Falls to Hopkins 77-67 in NCAA\u27shttps://digitalcommons.ursinus.edu/grizzlynews/1356/thumbnail.jp

The Grizzly, February 20, 1996

Talk Show Trouble • Major Fair 1996 • J.D. Salinger: A Grizzly Staffer!; The Skipped Diploma • Boxer Tommy Morrison HIV-Positive • Swedish Vocal Ensemble to Perform • Meet the Candidates: A Largely Biased Commentary • Take it Back, Captain Jack? • Blatant Generalizations • You Bet Your Life • Confessions of a Computer Dork • To Bus or Not to Bus • Vicki Abt Revisited • Free Speech, Abortion, and Presidential Politics • Valentine\u27s Spectacular Brings Elegant Dining to Zack\u27s • WVOU: State of the Nation • Airband Proceeds to Help Student Ryan Auch • Guys Come Up Short in Muhlenberg • Lady Bears Get Crushed by Muhlenberg • Bears Place Four at Eastern Regionalshttps://digitalcommons.ursinus.edu/grizzlynews/1375/thumbnail.jp