Carol M Rose
Biographic Data
| ID | 3702091 |
|---|---|
| NAME | Carol M Rose |
| GIVEN NAMES | Carol M |
| FAMILY NAME | Rose |
| SIGNATURE | ROSE C M |
| AFFILIATIONS | Yale University |
| VERIFIED | No |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 36 |
| AUTHOR COUNT | 14 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1972 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
Réflexions sur les biens communs
Un regard rétrospectif sur les recherches concernant les biens communs initiées par Elinor Ostrom, et largement suscitées en réaction contre le fameux article de Garrett Hardin sur la « Tragédie des biens communs », permet de mesurer le rôle majeur qu'ont joué ces deux figures dans le développement du thème des communs. Les observations critiques n'ont certes pas manqué mais elles ont contribué à dégager de nouvelles questions et de nouvelles per…
Thinking about the Commons
This article explores current developments in theoretical thinking about the commons. It keys off contemporary reconsiderations of Garret Hardin’s “Tragedy of the Commons” and Elinor Ostrom’s response to Hardin in Governing the Commons and later work. Hardin’s idea of a “tragedy” has received much criticism, especially from Ostrom herself; but Ostrom’s own work has also raised some questions in more recent commons literature. The key issue that e…
Property and Persuasion
With socialism largely discredited in recent years, the moral and legal status of private property has become an increasingly important area for discussion in contemporary political and social thought. Offering a contribution to legal theory, and to political and social philosophy, this work examines the two currently dominant traditions - those of neo-conservative utilitarianism and liberal communitarianism - emphasizing the strengths of both ap…
Crystals and Mud in Property Law
Property law, and especially the common law of property, has always been heavily laden with hard-edged doctrines that tell everyone exactly where they stand. Default on paying your loan installments? Too bad, you lose the thing you bought and your past payments as well. Forget to record your deed? Sorry, the next buyer can purchase free of your claim, and you are out on the street. Sell that house with the leak in the basement? Lucky you, you can…
Racially Restrictive Covenants—Were They Dignity Takings
Racially restrictive covenants—subdivision rules or neighborhood agreements that “run with the land” to bar sales of rentals by minority members—were common and legally enforceable in the United States in the first half of the twentieth century. In spite of their demeaning character, these racial covenants took away opportunities from excluded minorities, rather than things , and thus they amounted to something less than the dramatic “dignity tak…
Saving the Neighborhood
Saving the Neighborhood tells the still controversial story of the rise and fall of racially restrictive covenants in America, which bestowed an aura of legitimacy upon the wish of many white neighborhoods to exclude minorities. It offers insight into the ways legal and social norms reinforce one another, to codify and perpetuate intolerance
Ostrom and the lawyers
American legal academics began to cite Elinor Ostrom's Governing the Commons (GC) shortly after its 1990 publication, with citations peaking in the mid-2000s and with signs of a new peak in 2010 in the wake of Ostrom's Nobel Prize in Economics. The legal scholars most interested in GC have worked in three areas: general property theory, environmental and natural resource law, and since the mid-1990s, intellectual property. In all those areas lega…
Ostrom and the lawyers
American legal academics began to cite Elinor Ostrom's Governing the Commons (GC) shortly after its 1990 publication, with citations peaking in the mid-2000s and with signs of a new peak in 2010 in the wake of Ostrom's Nobel Prize in Economics. The legal scholars most interested in GC have worked in three areas: general property theory, environmental and natural resource law, and since the mid-1990s, intellectual property. In all those areas lega…
Privatization
Privatization has been something of a watchword in the years since the fall of the Soviet Union. The rationales for privatization are usually economic, stressing the comparative advantage of market regimes over bureaucratic ones: that private property gives owners the incentives to make better investment decisions, and that a market economy is more flexible and nimble in satisfying people's wants. This article, however, leaves the economic argume…
Crystals and Mud in Property Law
Property law, and especially the common law of property, has always been heavily laden with hard-edged doctrines that tell everyone exactly where they stand.Default on paying your loan installments?Too bad, you lose the thing you bought and your past payments as well.Forget to record your deed?Sorry, the next buyer can purchase free of your claim, and you are out on the street.Sell that house with the leak in the basement?Lucky you, you can unloa…
The Comedy of the Commons
Preservation and Community
On a summer day in 1979, Washington fluttered with green banners, each embellishing a stately old structure and proclaiming its bearer to exemplify the city's "Buildings Reborn. . . New Uses, Old Places." At the same time, the Smithsonian's Renwick Gallery was sponsoring a photography exhibit extolling the "adaptive reuse" of old buildings; the American Institute of Architects' Octagon House (itself a recycled eighteenth-century residence) housed…
Coming to Terms with Terminology
The Issue of Parliamentary Suffrage at the Frankfurt National Assembly
Universal suffrage is a commonplace in today's political world. In modern Western states it seems self-explanatory that there should be a general right to vote, or at least the pretense of such a right; and it is rather the exception to universal suffrage that requires explanation—at best as a quaint local peculiarity, at worst as a sign of pigheadedness or paranoia. In our era of bland populism, it is easy to forget the nineteenth century's pass…
Crystals and Mud in Property Law
Property law, and especially the common law of property, has always been heavily laden with hard-edged doctrines that tell everyone exactly where they stand.Default on paying your loan installments?Too bad, you lose the thing you bought and your past payments as well.Forget to record your deed?Sorry, the next buyer can purchase free of your claim, and you are out on the street.Sell that house with the leak in the basement?Lucky you, you can unloa…
Thinking about the Commons
This article explores current developments in theoretical thinking about the commons. It keys off contemporary reconsiderations of Garret Hardin’s “Tragedy of the Commons” and Elinor Ostrom’s response to Hardin in Governing the Commons and later work. Hardin’s idea of a “tragedy” has received much criticism, especially from Ostrom herself; but Ostrom’s own work has also raised some questions in more recent commons literature. The key issue that e…
Preservation and Community
On a summer day in 1979, Washington fluttered with green banners, each embellishing a stately old structure and proclaiming its bearer to exemplify the city's "Buildings Reborn. . . New Uses, Old Places." At the same time, the Smithsonian's Renwick Gallery was sponsoring a photography exhibit extolling the "adaptive reuse" of old buildings; the American Institute of Architects' Octagon House (itself a recycled eighteenth-century residence) housed…
Ostrom and the lawyers
American legal academics began to cite Elinor Ostrom's Governing the Commons (GC) shortly after its 1990 publication, with citations peaking in the mid-2000s and with signs of a new peak in 2010 in the wake of Ostrom's Nobel Prize in Economics. The legal scholars most interested in GC have worked in three areas: general property theory, environmental and natural resource law, and since the mid-1990s, intellectual property. In all those areas lega…
The Issue of Parliamentary Suffrage at the Frankfurt National Assembly
Universal suffrage is a commonplace in today's political world. In modern Western states it seems self-explanatory that there should be a general right to vote, or at least the pretense of such a right; and it is rather the exception to universal suffrage that requires explanation—at best as a quaint local peculiarity, at worst as a sign of pigheadedness or paranoia. In our era of bland populism, it is easy to forget the nineteenth century's pass…
Réflexions sur les biens communs
Un regard rétrospectif sur les recherches concernant les biens communs initiées par Elinor Ostrom, et largement suscitées en réaction contre le fameux article de Garrett Hardin sur la « Tragédie des biens communs », permet de mesurer le rôle majeur qu'ont joué ces deux figures dans le développement du thème des communs. Les observations critiques n'ont certes pas manqué mais elles ont contribué à dégager de nouvelles questions et de nouvelles per…
Racially Restrictive Covenants—Were They Dignity Takings
Racially restrictive covenants—subdivision rules or neighborhood agreements that “run with the land” to bar sales of rentals by minority members—were common and legally enforceable in the United States in the first half of the twentieth century. In spite of their demeaning character, these racial covenants took away opportunities from excluded minorities, rather than things , and thus they amounted to something less than the dramatic “dignity tak…
The Issue of Parliamentary Suffrage at the Frankfurt National Assembly
Universal suffrage is a commonplace in today's political world. In modern Western states it seems self-explanatory that there should be a general right to vote, or at least the pretense of such a right; and it is rather the exception to universal suffrage that requires explanation—at best as a quaint local peculiarity, at worst as a sign of pigheadedness or paranoia. In our era of bland populism, it is easy to forget the nineteenth century's pass…
Coming to Terms with Terminology
Preservation and Community
On a summer day in 1979, Washington fluttered with green banners, each embellishing a stately old structure and proclaiming its bearer to exemplify the city's "Buildings Reborn. . . New Uses, Old Places." At the same time, the Smithsonian's Renwick Gallery was sponsoring a photography exhibit extolling the "adaptive reuse" of old buildings; the American Institute of Architects' Octagon House (itself a recycled eighteenth-century residence) housed…
The Comedy of the Commons
Crystals and Mud in Property Law
Property law, and especially the common law of property, has always been heavily laden with hard-edged doctrines that tell everyone exactly where they stand.Default on paying your loan installments?Too bad, you lose the thing you bought and your past payments as well.Forget to record your deed?Sorry, the next buyer can purchase free of your claim, and you are out on the street.Sell that house with the leak in the basement?Lucky you, you can unloa…
Privatization
Privatization has been something of a watchword in the years since the fall of the Soviet Union. The rationales for privatization are usually economic, stressing the comparative advantage of market regimes over bureaucratic ones: that private property gives owners the incentives to make better investment decisions, and that a market economy is more flexible and nimble in satisfying people's wants. This article, however, leaves the economic argume…
Ostrom and the lawyers
American legal academics began to cite Elinor Ostrom's Governing the Commons (GC) shortly after its 1990 publication, with citations peaking in the mid-2000s and with signs of a new peak in 2010 in the wake of Ostrom's Nobel Prize in Economics. The legal scholars most interested in GC have worked in three areas: general property theory, environmental and natural resource law, and since the mid-1990s, intellectual property. In all those areas lega…
Ostrom and the lawyers
American legal academics began to cite Elinor Ostrom's Governing the Commons (GC) shortly after its 1990 publication, with citations peaking in the mid-2000s and with signs of a new peak in 2010 in the wake of Ostrom's Nobel Prize in Economics. The legal scholars most interested in GC have worked in three areas: general property theory, environmental and natural resource law, and since the mid-1990s, intellectual property. In all those areas lega…
Saving the Neighborhood
Saving the Neighborhood tells the still controversial story of the rise and fall of racially restrictive covenants in America, which bestowed an aura of legitimacy upon the wish of many white neighborhoods to exclude minorities. It offers insight into the ways legal and social norms reinforce one another, to codify and perpetuate intolerance
Racially Restrictive Covenants—Were They Dignity Takings
Racially restrictive covenants—subdivision rules or neighborhood agreements that “run with the land” to bar sales of rentals by minority members—were common and legally enforceable in the United States in the first half of the twentieth century. In spite of their demeaning character, these racial covenants took away opportunities from excluded minorities, rather than things , and thus they amounted to something less than the dramatic “dignity tak…
Property and Persuasion
With socialism largely discredited in recent years, the moral and legal status of private property has become an increasingly important area for discussion in contemporary political and social thought. Offering a contribution to legal theory, and to political and social philosophy, this work examines the two currently dominant traditions - those of neo-conservative utilitarianism and liberal communitarianism - emphasizing the strengths of both ap…
Crystals and Mud in Property Law
Property law, and especially the common law of property, has always been heavily laden with hard-edged doctrines that tell everyone exactly where they stand. Default on paying your loan installments? Too bad, you lose the thing you bought and your past payments as well. Forget to record your deed? Sorry, the next buyer can purchase free of your claim, and you are out on the street. Sell that house with the leak in the basement? Lucky you, you can…
Thinking about the Commons
This article explores current developments in theoretical thinking about the commons. It keys off contemporary reconsiderations of Garret Hardin’s “Tragedy of the Commons” and Elinor Ostrom’s response to Hardin in Governing the Commons and later work. Hardin’s idea of a “tragedy” has received much criticism, especially from Ostrom herself; but Ostrom’s own work has also raised some questions in more recent commons literature. The key issue that e…
Réflexions sur les biens communs
Un regard rétrospectif sur les recherches concernant les biens communs initiées par Elinor Ostrom, et largement suscitées en réaction contre le fameux article de Garrett Hardin sur la « Tragédie des biens communs », permet de mesurer le rôle majeur qu'ont joué ces deux figures dans le développement du thème des communs. Les observations critiques n'ont certes pas manqué mais elles ont contribué à dégager de nouvelles questions et de nouvelles per…
Political science (12 works) · Law (11 works) · Law and economics (9 works) · Philosophy (8 works) · Economics (7 works) · Law (6 works) · Sociology (6 works) · Property (philosophy) (5 works) · Property Rights and Legal Doctrine (5 works) · Commons (4 works)