Values of Ownership

Question 1

Personhood

Answer 1

Moore v. Regents: D took P’s cells and reproduced them in a lab to do researched, then P sued. D won as it incentivized research, and cells are the same in every human (DNA doesn ot matter)

Cheffins v. Steward: Some statutes grant moral rights to artists so their property interests continue post sale (buyer cannot destroy art)

Question 2

Doctrine of Public Trust

Answer 2

Some things (water, airspace) are so much a part of public use that the government has sovereignty over them.

7 Factors of Public Use:
1. Recognized by law
2. Exercised without interference (no interruption from someone with a better claim)
3. Peaceable & Free
4. Reasonableness (recreational v. commercial)
5. Certainty (easy defined boundaries)
6. Obligatory (no option of landowner to deny use)
7. Not inconsistent with customs