Authoruclalaw

Expectations as Property: Histories, Contexualizations, Critiques

This special issue contains several papers presented at a workshop held at Columbia Law School in May 2017, which brought together investment law scholars to consider the legal construction and protection of expectations as objects of property in varied contexts and areas of law, from federal land policy to international investment law.

A Fundamental Shift in Power: Permitting International Investors to Convert their Economic Expectations Into Rights

The article evaluates the doctrine of protecting investors’ specific-commitment backed-expectations. The author argues that the doctrine has shaky legal foundations and raises fundamental policy concerns. It affects the rules and processes governing allocation of property rights, can exacerbate inequality, and can send wrong signals to investors regarding responsible business conduct.

Auctions, Taxes, and Air

In recent California litigation, a California Court of Appeals held that California’s greenhouse gas emissions auction was not a form of taxation. This article argues that the court reached the right result. Like the government's sale of any other public resource, emissions auction should not be considered a form of taxation.