Alien Property Research Articles

South Pacific Property Law by Sue Farran and Don Paterson, Cavendish Publishing Limited, 2004, 300 pp

The authors in this textbook have set out 'to provide for the reader a description of, and a commentary upon, the law of property as it exists in the South Pacific Region'. The emphasis is placed on twelve countries in that region including PNG, Fiji, Nauru, Somoa and the Solomon Islands. This book review is available in Bond Law Review: http://epublications.bond.edu.au/blr/vol16/iss1/8 218 SOUTH PACIFIC PROPERTY LAW by Sue Farran and Don Paterson Cavendish Publishing Limited, 2004, 300 pp The authors in this textbook have set out 'to provide for the reader a description of, and a commentary upon, the law of property as it exists in the South Pacific Region'. The emphasis is placed on twelve countries in that region including PNG, Fiji, Nauru, Somoa and the Solomon Islands. The introduction to the text state the term 'property' is sometimes viewed as referring to land only while it may also be interpreted to include movable property only. In this text property is conceived of in its widest sense to include both real and personal property. The book is divided into eleven chapters. A number of chapter s are familiar to the common lawyer such as: What is property law? – Chapter 1 Ownership – Chapter 2 Possession and Occupation – Chapter 3 Acquisition of Property – Chapter 7 Alienation of Property – Chapter 8 A South Pacific flavour is reflected in the sub-topics on burial rights; ritual or symbolic rights and taboos (Chapter 4 Special Interests in Property); Usufructuary Rights (in Chapter 6 Use and Enjoyment) and Traditional Processes (Chapter 10 Resolving Claims to Property). The important interests in land such as leases, mortgages and easements are dealt with in the chapter on Special Interests in Property. The text is written in an informal and easy to read style. This is not a text that is intended to plumb the depths of intellectual debate on many issues. Rather the text is a survey of the most important principles that arise across the subject jurisdictions. No doubt for those who are concerned with the principles of law relevant to their specific jurisdiction this text will provide a useful commentary in a number of areas. The writers should be congratulated for attempting the difficult task of dealing with such a large topic across a large number of jurisdictions. This of course is the source of one criticism one could make of the text. The topics dealt with are not dealt with in any great detail. As a property lawyer who specialises in land law (my bias) a reader may look for more detail in matters such as leases, mortgages, easements and torrens title. These topics are dealt with but the discussion is SOUTH PACIFIC PROPERTY LAW 219 limited to a few pages. This probably reflects the size of the scope of the book; the size of the book and the number of jurisdictions covered. The publisher and authors are the ones best placed to consider whether the market for the book is well served by that coverage. If a solution is needed it may be to produce a bigger book or to limit the book to personal property. I detect that personal property may be the preference of the authors. Associate Professor Michael Weir Deputy Dean Faculty of Law Bond University

Visions, Achievements, and Challenges of the Division of Chemical Education during the Early Years

The first decade of the American Chemical Society Division of Chemical Education (DIVCHED) was most extraordinary. It began in 1924 with grand visions, plans, and accomplishments, and ended in the Depression. The period was dominated by two figures, Neil Gordon, founding editor of the Journal of Chemical Education, and Francis Garvan, the United States Alien Property Custodian who, through the Chemical Foundation, poured money into chemical education for his own purposes. At Garvan's urging, DIVCHED also published a journal for high school teachers, The Chemistry Leaflet, edited by Pauline Beery Mack, later famous for advising NASA on bone density loss in space travel. The Chemistry Leaflet later appeared as the ACS educational magazine, Chemistry. Woven into the paper are three continuing concerns of the DIVCHED: sustained service to the high school teacher, participation of university and industrial leaders in DIVCHED, and women in chemical education.

Property in Transition: Conflicts over Ownership in Post-Socialist Shanghai

Disaggregating property rights into abstract bundles of rights over the use, control, and alienation of property facilitates the systematic comparison of property regimes across time and space. However, because these analytic distinctions ignore the criteria by which individuals choose among competing claims of ownership, they cannot capture the moral reasoning that ultimately institutionalizes a property regime. Using focus group debates over competing claims of ownership to newly privatized urban real estate, this essay identifies four grounded logics of entitlement by which Shanghai residents determine just claims in one post-socialist property regime: a logic of family justice, a logic of state regulation, a logic of the market, and a logic of the family estate. Of note is that the primary criteria by which individuals decided among different logics of entitlement were the rules of the property regime at the time the dwelling first became the family home rather than differences attributable to societal inequalities tied to distinctions of gender, generation or occupation.

Patents for Victory

SUMMARYIn national emergencies governments have the power to suspend patent rights. During World War II, the U.S. government seized tens of thousands of foreign-owned patents and other forms of intellectual property. The agency responsible for this was the Office of the Alien Property Custodian (APC). The APC was charged with making the technical information disclosed in these patents available to American industries for use in the war effort. To accomplish this mission the agency's Patent Information and Marketing Section established patent libraries nationwide; exhibited patent information at trade shows and conferences; published and sold catalogs, indexes and abstracts of seized patents; and distributed patent information to other agencies and libraries.

Truthmaking and Difference‐Making

and so on, for all the propositions there are. Not for all the that-clauses there are. Some that-clauses fail to name propositions: for instance because of ungroundedness, or because the embedded sentence is a mere expression of feeling in the syntactic guise of a declarative sentence. Further, some propositions cannot be named by that-clauses. First, because there is an uncountable infinity of propositions, whereas there are only countably many that-clauses. Second, because some of the propositions, in fact most of them, cannot be named by that-clauses of finite length. Third, because some propositions cannot be named at all, not even at infinite length, since we lack names for alien properties that are nowhere to be found in our

Patents, Patriotism, and "Skilled in the Art" USA v. The Chemical Foundation, Inc., 1923-1926

Prior to World War I, German firms dominated the production of synthetic organic chemicals such as dyes and related pharmaceuticals. When the war halted the supply of German chemicals to the United States, key American policymakers, manufacturers, and chemists sought to build a domestic industry. One policy, born of wartime anti-German fervor, was the confiscation of German chemical patents by the Office of Alien Property, an executive agency. In 1919 A. Mitchell Palmer and Francis P. Garvan, the two Alien Property Custodians under President Wilson, orchestrated the organization of the Chemical Foundation, Inc., to purchase and manage the former German patents for the benefit of the American chemical industry. By the early 1920s, however, criticism of Palmer and Garvan's actions led to a federal lawsuit challenging the legality of the Chemical Foundation. In the course of the trial, the litigants explored, among other things, the role of patents in the development of industry.

The President's Man: Leo Crowley and Franklin Roosevelt in Peace and War

Leo Crowley has been known only as the administrator condemned by President Truman for cutting off Soviet lend-lease after V-E Day. Stuart L. Weiss revises this view while exploring Crowley s long, significant state and federal career, emphasizing his service as Franklin D. Roosevelt s man for all seasons.Weiss deals effectively with Crowley s flaws and virtues as well as those of the administrations he served. Crowley was confirmed as chair of the FDIC in 1934 despite a charge, unknown to President Roosevelt, that Crowley had committed fraud as a banker in Wisconsin. Crowley then served with distinction for more than eleven years as the administration twice buried a 1935 Treasury Department report that, had it been handed to Wisconsin authorities, could have sent him to prison: Roosevelt valued Crowley s political and administrative talents too highly to allow that to happen.In 1939, Roosevelt, anxious to have business support for stopping the Axis powers, encouraged Crowley to take the chair of a holding company about to be prosecuted by the SEC. After Pearl Harbor, like priorities prompted the president first to name Crowley alien property custodian, then chair of the Board of Economic Warfare to supplant Roosevelt s politically troublesome vice president, and, finally, foreign economic administrator, the person responsible for civilian lend-lease activityIn this vibrant biography, Weiss furnishes the reader with detailed portraits of a man faithful to his president even when he disagreed with him and of a president willing to do what he felt was necessary for the good of the country.

In Defense of Aristotelian Actualism

ionism, his term for Lewis's linguistic ersatzism, is mistaken. Van Inwagen writes: Aristotelian Actualism I 63 Lewis argues that Linguistic Abstractionism is defective because it cannot coherently formulate the thesis that the actual world is impoverished in a way in which it probably is impoverished. If Linguistic Abstractionism is right, then all possible uninstantiated properties are ones that would be instantiated if objects of types that actually exist were sufficiently numerous and properly arranged.25 Perhaps this is true for Linguistic Abstractionism as defined by van Inwagen, but it is not true for Aristotelian actualism (understood in a certain way). It is certainly possible that there are basic alien objects with basic alien properties. Thus, it is possible that there are properties that are not properties of any object composed of actual objects. So it is certainly coherent to think that the actual world is impoverished in this way. Aristotelian actualism holds that there might have been properties distinct from any actual property just as there might have been objects distinct from any actual object. In fact, this is one difference between Aristotelian actualism and other forms of actualism such as the form that Plantinga adopts and that van Inwagen seems to agree with. On Plantinga's view this world cannot be impoverished with respect to properties-indeed, no world can. Of course, to say that it is possible that there is property distinct from any actual property is not to say there exists a possible property distinct from any actual property anymore than to say that it is possible that there is a basic object distinct from any actual basic object is to say there is a possible basic object distinct from any actual object. This distinction is just the difference between actualism and possibilism (as it applies to objects or properties). It should be pointed out that the example that van Inwagen presents is one that seems to involve possible properties. He says: Consider some property possessed in our world only by quarks: having an R-G color-charge of -112, say. This is a possible property, since it is instantiated in some wor1d:the actual one. But it is not instantiated in any world that contains only things composed of things of kinds that exist in the simple world we have imagined. 26 Assuming that having an R-G color-charge of -112 is a basic property, Van Inwagen's point is that this particular property (call it 'R') is clearly a possible property since it is an actual property. However, had a world without quarks been actual, then on Aristotelian actualism, there would be no such property and hence it would not even be possible. Since R clearly is a possible property, Aristotelian actualism must be defective. Notice that the same sort of argument can be made with respect to Socrates. Socrates is clearly a possible object since he is an actual object. Had a world without Socrates been actual, there would be no Socrates, and hence Socrates

Specific and General Knowledge and Organizational Structure

This paper analyzes the relations between knowledge, control and organizational structure both in the market system as a whole and in private organizations. Limitations on the mental capacity of the human mind and the costs of producing and transferring knowledge means that knowledge relevant to all decisions can never be collected in the mind of a single individual or a small body of experts. This means that if the knowledge valuable to a particular decision is to be used in making that decision, there must be a system for partitioning out decision rights to individuals who already have the relevant knowledge and abilities or who can acquire or produce them at the lowest cost. Self interest on the part of individual decision-makers means a control system is required to motivate individuals with the decision rights and the relevant knowledge to use those decision rights appropriately. This control problem is solved in a capitalist economy by a system of alienable property rights.Alienable rights cannot generally solve the control problem in firms, and the assignment of decision rights in firms does not generally include the assignment of alienability. Indeed, this is one of the major distinctions between firms and markets. The inalienability of rights within an organization means control problems must be solved by alternative means. Organizations solve these problems by establishing what we define to be the Organizational Rules of the Game that provide:(1) a system for partitioning decision rights out to agents in the organization,(2) a performance measurement and evaluation system, and (3) a reward and punishment systemThe inherent inefficiency of organizational control systems as compared to alienability means firms cannot survive unless they provide other offsetting advantages such as economies of scale, scope or riskbearing.

Scientific information in wartime: the Allied-German rivalry, 1939-1945

Preface The Internationalization of Science and Scientific Information in the Twentieth Century National Government Support for Scientific Information in Great Britain and the United States before World War II National Government Support for Scientific Information in Germany before World War II The Allied Wartime Supply System for Enemy Scientific Information Germany's Wartime Supply System for Enemy Scientific Information Postwar Consequences Appendix A: List of Journals Available in Reprint from the Office of Alien Property Custodian Appendix B: Title Page, Prefatory Material and First Contents Page of the First Issue of the Referatenblatt, Issued Collaboratively by the Information Centers of the Welt-Wirtschaftlichen Institut in Hamburg and the Technologische Hochscule in Berin, 1942 References Index

Toward a political economy of personal information

The evolving market for personal information is seen to be troubled by the inherent difficulties involved in assigning value to intangible goods and services, of which information is one of the more nettlesome. Classical political economy and neoclassical economic theory provide incomplete and contradictory cues as to the source of comparable measures of worth. Additional problems are recognized in the negotiation of claims to ownership or alienable property rights in information that is the product of interactions between individuals and bureaucratic organizations. The concept of negative value, or consequentiality represents a promising point of entry.

Das Reichskommissariat für die Behandlung feindlichen Vermögens im Zweiten Weltkrieg: Eine Studie zur Verwaltungs-, Rechts- und Wirtschaftsgeschichte des nationalsozialistischen Deutschlands. By Stephan H. Lindner · Stuttgart: Franz Steiner Verlag, 1991. 178 pp. Tables, notes, and bibliography. DM 58. ISBN 3-515-051971-1.

This is a brief study of the interministerial and interagency struggles that surrounded the administration of enemy assets in Nazi Germany. The Reichskommissariat fur die Behandlung feindlichen Verm6gens, which was a creation of the German Foreign Office, operated in a manner similar to its equivalent, the American Alien Property Custodian, at least as regards assets either located within the borders of the Reich or not owned by Jews or other Eastern-peoples in occupied Europe. With these exceptions, foreign properties came under a benevolent form of trusteeship that kept enterprises intact. Such a benign policy made good sense, according to Stephan Lindner, and therefore it was hard to dislodge. Foreign-owned factories contributed to the war effort to the same extent as others. Profits could not be repatriated owing to currency controls. A hard line would have invited retaliation not only in enemy nations but in many neutral countries, which, though subject to U.S.-British pressures, had maintained trade links to the Continent. In the event of a compromise peace, finally, a policy of forbearance and moderation might have protected the Reich from seizures like those following the First World War. Most of Lindner's account describes successive challenges to Reichskommissariat policy mounted by self-seeking Nazi economic factions like the Goring complex. The reader might have gained a fuller appreciation of what was at stake in these contests if, instead of recounting such essentially repetitious episodes, the author had compared specific instances of factory administration by each of the two sides in the struggle. Nevertheless, this dispassionate analysis is a welcome addition to a literature that helps explain why, except for victims of Nazi racism, business as usual was the usual business response in the Third Reich.

Issues of Compensation for the Taking of Alien Property in the Light of Recent Cases and Practice

Issues of Compensation for the Taking of Alien Property in the Light of Recent Cases and Practice

From tribe to peasant? The Limbus and the Nepalese state

This article's context is the distinction inform and meaning of land tenure systems as between tribes and peasants, and the role of the state in the transformation of traditionally inalienable tribal lands into alienable private property. The historical circumstances which have shaped and transformed the economy and culture of a particular tribal population ‐ the Limbus of east Nepal ‐ are examined. There is analysis of the programme of land reform introduced by the Nepalese state, whose chief outcome for the Limbus was the abolition of their kipat tenures and the conversion of their lands into private property. The implications in terms of land and identity are considered, and the outcome of heavy dependence on a small class of high caste Hindus who are now their landlords, creditors and employers is outlined.

The Gold Standard and the Logic of Naturalism: American Literature at the Turn of the Century.

The Gold Standard and the Logic of Naturalism discusses ways of creating value in turn-of-the-century American capitalism. Focusing on such topics as the alienation of property, the invention of masochism, and the battle over free silver, it examines the participation of cultural forms in these phenomena. It imagines a literary history that must at the same time be social, economic, and legal; and it imagines a literature that, to be understood at all, must be understood both as a producer and a product of market capitalism.

Attorney-General of the United States v. NV Bank voor Handel en Scheepvaart

States as international persons — In general — Recognition of acts of foreign States and governments — Confiscation of enemy property during Second World War — Property situated in confiscating State — Whether municipal courts have jurisdiction to examine legality under international law of confiscation by foreign State — Whether retention of confiscated assets following termination of hostilities violates international law — United States Trading with the Enemy Act 1917 — The law of the NetherlandsThe individual in international law — Aliens — Position of — Respect for property — Expropriation — Wartime confiscation of property of enemy aliens — Whether amounts to permanent deprivation of ownership — Whether retention of confiscated assets following termination of hostilities violates international law — United States Trading with the Enemy Act 1917 — The law of the NetherlandsWar and neutrality — War in general — Effects of outbreak of war — On enemy subjects with regard to their property and other rights — United States Trading with the Enemy Act 1917 — Confiscation of enemy property — Property situated in confiscating State — Whether municipal courts have jurisdiction to examine legality under international law of confiscation by foreign State — The law of the NetherlandsWar and neutrality — War in general — Enemy character — Of corporations — Control test — United States Trading with the Enemy Act 1917 — The law of the NetherlandsWar and neutrality — War in general — Enforcement of the laws of war — Compensation and reparation — Right to seize assets of subjects of aggressor State as reparation for war damage — Whether limited by international law to cases where treaty requires national State to compensate its subjects — The law of the Nether landsi.—Over Territory in general and Persons and Property situated therein. Territorial Limits of Jurisdiction. Expropriation of Alien Property.Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Expropriation of alien property — Confiscation of enemy property during Second World War — United States Trading with the Enemy Act 1917 — Property situated in confiscating State — Whether municipal courts have jurisdiction to examine legality under international law of confiscation by foreign State — Whether wartime confiscation amounts to permanent deprivation of ownership — Whether retention of confiscated assets following termination of hostilities violates international law — Right to seize assets of subjects of aggressor State as reparation for war damage — Whether limited by international law to cases where treaty requires national State to compensate its subjects — Enemy character of corporations — Control test — The law of the Netherlands

Supply‐Side Economics and Budgetary Policy

The meaning of ‘supply side’ economis has been the cause of some confusion. Martin Ricketts, of the University of Buckingham, reveals that supply‐side measures encompass institutional reform as well as cuts in taxation. The Government's policy of privatisation is creating alienable property rights which will improve economic efficiency and reduce the discretionary power of the state.

Indirect Expropriation of Alien Property

Journal Article Indirect Expropriation of Alien Property Get access Rudolf Dolzer Rudolf Dolzer Search for other works by this author on: Oxford Academic Google Scholar ICSID Review - Foreign Investment Law Journal, Volume 1, Issue 1, Spring 1986, Pages 41–65, https://doi.org/10.1093/icsidreview/1.1.41 Published: 01 March 1986

Inalienable Right, Alienable Property and Freedom of Choice: Locke, Nozick and Marx on the Alienability of Labour

AbstractThis article attempts to illuminate a contradiction at the heart of the notion of natural rights. Natural rights are commonly thought to be both inalienable and the property of individuals. As the right or the law is privatized as my rights, her rights, our rights or their rights, rights come to be viewed as personal properties. A distinction is made between personal possession and private property (which entails the title to alienate what is owned) in order to speak significantly of our possession of inalienable rights. For Locke, we possess an inalienable right to life and liberty precisely because we do not own our lives and liberties. Moreover, we can alienate our person, or our ability to labour, precisely because it is our private property. For Nozick, rights are individual properties. Thus, for Nozick as distinct from Marx, one has the right to sell anything (one's life, liberty, labour or soul) at the market price.

Why Restrain Alienation?

In her informative article, Inalienability and the Theory of Property Rights,' Susan Rose-Ackerman raises anew one persistent question that has worked itself into the fabric of our general law: Why should there be any restraints on the alienation of property? As stated the question is an extremely broad one. The right of alienation, as part of the bundle of property rights, is set in opposition to the rights of possession and use. The types of property to which it can extend are real and personal, tangible and intangible. Each type of property may be alienated in a number of different ways, such as by sale, hire, mortgage, lease, bail, or pledge. These various forms of alienation in turn may be restrained in many ways. The restraints may be whole or partial; they may be by common law rule or by public regulation; alienation may be subject to an absolute prohibition, or it may be exercisable only upon the payment of money. As the possible range of restraints on alienation is very broad, it is important to order the inquiry so as to exhibit its essential features. This Article first seeks to explain why the right of alienation is a normal incident of private ownership. Thereafter it seeks to examine the principled reasons for limiting the right. These justifications in turn fall into two main groups. The first set is concerned with the practical control of externalities. These may take the form of aggression against third parties, the overexploitation of the common pool, or the exploitation of infants and insane persons. Alternatively, restraints on alienation may be used to redress some asserted distributional weakness within the present allocation of rights. My central thesis is that the first justification is sound, but that the second is not. The proper office for restraints on alienation is to provide indirect control over external harms when direct means of control are ineffective to the task. In working through this analysis I start from the assumption that the core function of the law is to protect all persons and their property against the force and fraud of another. There is no doubt in my view that this simple view of entitlements between persons lies at the heart of most of our legal system, both as it developed at common law, and as it has come to be modified by statute. It is simply inconceivable to ac-