Even though users do not have comprehensive control over their data, the privacy statutes of several states, along with the General Data Protection Regulation ("GDPR") in the European Union, have begun to grant users rights to ESI that look more and more like controls on alienability
and the right to exclude.
The second law is a somewhat more difficult case, although the lack of dependence on the alienability
of capital can be easily demonstrated by considering a few workhorse growth models.
A different approach might be to adopt a rule based on alienability
, allowing only transferable licenses to be used as collateral.
Munira Ahmed, the thirty-two-year-old Bangladeshi American freelance interpreter from Queens who posed for the original image taken by Ridwan Adhami ten years ago, has observed, "It's about saying, 'I am American just as you are.'" The Stars and Stripes as head cover aims to revise surfaces of alienability
through such intimacy, even as others protest the necessity of such gestures (and the hypocrisy of American multiculturalism in the country's ongoing wars), and still others decry the imagined desecration of the flag worn on her Muslim body (without directing equal outrage against the sheer proliferation of flag-bedecked clothes--from bandannas to booty shorts--on other bodies).
In keeping with the economic discourse affecting the definition of property, there is a tendency to 'split' or unbundle property rights to enable a range of alienability
While it can be compellingly argued that it is a form of personal property, its intangible nature makes it hard to consistently apply simple rules to its use and alienability
. (43) This is particularly true due to the fact that its value is inherently contingent and its ownership often uncertain because of the way it interfaces with contract concepts.
Chamber Inst, for Legal Reform, Selling Lawsuits, Buying Trouble: Third Party Litigation Funding in the United States (2009), http:// www.instituteforlegalreform.com/uploads/sites/i/thirdpartylitigationfinancing.pdf [http:// perma.cc/9JQM-JRTN] (offering a skeptical view of claim sales); Michael Abramowicz, On the Alienability
of Legal Claims, 114 Yale L.J.
When the competing interests of free alienability
of property and transfer tax impact minimization collide, trustors and beneficiaries are looking to states like South Dakota to find a trust governance solution.
Perhaps the most persuasive argument for property rights in spectrum licenses is that broadcasters now possess an increased ability to transfer their interests in their own licenses, thus allowing for greater alienability
, much like the alienability
of real property itself.
Such a transformation of social relations goes hand in hand with changes in the law, which gives rise to contractual relations and particularly alienability
The abolition of the fee tail and the replacement of dower and curtesy by the spousal elective forced share are prominent examples,52 and future interests have acquired a greater degree of alienability
. (53) However, the basic menu has not changed much over the last one hundred years.
Rights-forfeiture is consistent with the alienability
(173) The differences between assignment and subrogation, while rarely important in practice, reveal some interesting fault lines in the common law's view of the alienability
Inheritance law instruments, such as an entail or perpetual trust, permanently suspend the alienability
of individual property; more generally, any restrictions on the inheritance and division of an estate take the asset off the market because it is allocated according to legal rule rather than market forces.