Should property owners have a unique right to express their opinion just because they own property? While current law recognizes owners’ rights to express their voices in certain instances, it does not provide comprehensive and coherent answers to this question. This article provides an analytical framework for recognizing the owners’ right to voice as an independent property entitlement within the owners’ property bundle of rights and delineates its boundaries. Yet even when the owners’ voice is property-dependent, there is a difference (...) between voice that facilitates the realization of another property entitlement (such as the right to exclude, use, or trade) and voice that is constitutive to ownership in and of itself. Only the latter instances justify recognition of the owners’ right to a voice as an independent property entitlement. By examining different branches of both tangible and intellectual property law, such as inheritance law, eminent domain, homeowners’ association law, zoning law, and copyright law, this article demonstrates the usefulness of the proposed analytical framework in explaining certain parts of the current law and suggests modifications of other parts. (shrink)

In this essay, we analyze the case study of mass ringworm irradiation conducted in Israel during its first years of existence and its consequences. We analyzed the case study of ringworm irradiation in the framework of racial construction of illness and its treatment, showing the elasticity of race and ethnicity as medical and social categories.

The BiDil affair brought once again to the fore questions of race and medicine. As discussed in other essays in this collection, the emergence of BiDil as the first medication approved and marketed for treating specific racial groups raises important questions for medicine and society: How are race and ethnicity framing our understanding of health and illness? Should treatment decisions be based on the race and ethnicity of patients? Should we encourage the development of race-specific medical treatments in order to (...) reduce health disparities? Or is this approach dangerous, and can it lead to unwanted consequences including racial stigmatization? These questions are not new, and since the introduction of race as a scientific construct in the late-19th century, race has played an important part in the history of medicine, most notoriously during World War II and the Holocaust. Yet the identification of race medicine with Nazi science tends to obscure the vast use of race as a medical construct by a wide range of medical scientists and practitioners across the political spectrum. In many instances, racial minorities were preoccupied with race medicine in order to promote the health of their own communities. One such group was that of Jewish physicians. (shrink)

The article offers a new reading of the home ownership-mortgage relationship in Israel. It points at the duality characterizing Israeli law regarding home ownership and its protection. While home ownership is a cherished social value, there is a reluctance to provide it with sufficient protection. The significant implications of repossession in the personal, social, and economic realms call for new thinking concerning the assurance of sustainable housing. Current protection laws focus mostly on ex post solutions, aimed at alleviating the plight (...) of the defaulting mortgagor. The article emphasizes the need for ex ante policies, introducing innovative mechanisms in home purchasing. (shrink)

The fans of a football club constitute a community. This community of fans is a constitutive attribute of the club. It is part of the meaning of the football club as a resource. However, besides the cases of football clubs that are organized as members’ associations, the fans rarely have a meaningful say in the running of the club. As the history of modern football proves, the interests of the fans in the club and in the continuance of their community (...) often come under threat. Introducing the concept of "property as belonging," this Article aims at explaining why the interests of the community of fans merit protection through the recognition of the fans’ property interest in the club. The Article analyzes various existing ways of ensuring fans a formal voice in their club, and suggests a new structure of governance of football clubs, one that conceptualizes the fans as the social or moral owners of the club and accords them special decision-making power regarding those incidents that bear a high level of risk to their community. Along with members’-association clubs, this new property institution of the football club will adhere to the idea promoted in this Article, according to which the fans belong to the club and to their community, and the club, al least in part, belongs to them. (shrink)