Tag Archives: property

Paper 6: Neither Surplus Nor Deficit: The Two Mismatch Ideologies, Naboth’s Vineyard, and the Asymmetry of the Biblical Legislation

The Bounds of Their Habitation, Tier 1, Cluster B Abstract Papers 4 and 5 established the two halves of the biblical account of proportion: a ceiling on acquisition indexed to the population available to hold the ground, and a distribution … Continue reading

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The Unwarranted Warrant: Compelled Third-Party Device Disclosure in Criminal Litigation and the Case for a Statutory Protocol

Abstract When a criminal defendant subpoenas the personal electronic device of a person who is not a party to the prosecution, American procedure has no coherent answer. The Fourth Amendment does not reach the request, because the movant is not … Continue reading

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The Unexamined Title: Institutions Defended in Operation Whose Origin Is Never Litigated

Paper 2 of Five Abstract This paper names a general form: the institution whose daily operation is argued about at length and whose original acquisition is never argued about at all. Defenders and critics alike may contest how the institution … Continue reading

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Functional Subtraction: Diminishing Without Deleting

Paper 1 of Five Abstract This paper names a form of argumentative behavior that has been noticed piecemeal across several literatures and treated as a general object in none of them: the setting aside of an authoritative text by a … Continue reading

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Feeding the March: Sherman’s Georgia and Carolinas Campaigns as a Recovery of Early Modern Logistics: A White Paper

Abstract The logistical arrangements of William T. Sherman’s March to the Sea (November–December 1864) and Carolinas campaign (January–April 1865) are routinely described as an innovation — the birth of modern operational war, the ancestor of the motorized deep thrust, the … Continue reading

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Paper 10 — Gifts, Bribes, and the Office: A Scriptural Account of Self-Enrichment in Authority

Where the structural account ends The preceding paper carried the analysis as far as institutional reasoning can take it. It showed that the gap between what the rules forbid and what officeholders extract is a stable equilibrium, produced by conflicted … Continue reading

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Prolegomenon on The Moral Hazard of Insulation

Introduction — The Shield That Becomes a Wall Every institution begins as an answer to a problem of trust. A single person can be held accountable easily; you know his name, his face, his address. But the work that sustains … Continue reading

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Paper 3 — The Cross-Subsidy Compact and the Have/Have-Not Binding

Abstract Paper Two located the premium that asset-holding conferences pay for the Association’s risk-absorption in two currencies: cross-subsidy of weaker members and dilution of their own governance voice. This paper takes the first currency as its subject. It argues that … Continue reading

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Paper 2 — The Inverted Holding Structure: Assets Up, Liability Down

Abstract Paper One argued that the National Collegiate Athletic Association’s enduring product is insulation. This paper asks what kind of structure could supply that product, and finds an unusual one. In the ordinary case, the body that governs an enterprise … Continue reading

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Why Crypto Is a Magnet for Fraud

Introduction The first paper in this series argued that cryptocurrency emerged from serious questions about money, trust, and individual autonomy, and that it has partially delivered on some of its founding promises while falling short of others. That paper deliberately … Continue reading

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