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35 Seton Hall L. Rev. 299 (2004-2005)
A New Hope for International Space Law: Incorporating Nineteenth Century First Possession Principles into the 1967 Space Treaty for the Colonization of Outer Space in the Twenty-First Century

handle is hein.journals/shlr35 and id is 309 raw text is: A NEW HOPE FOR INTERNATIONAL SPACE LAW:
INCORPORATING NINETEENTH CENTURY
FIRST POSSESSION PRINCIPLES INTO THE 1967
SPACE TREATY FOR THE COLONIZATION OF
OUTER SPACE IN THE TWENTY-FIRST CENTURY
Brandon C. Gruner
INTRODUCTION
Legend has it that a friend once asked Mark Twain what he
should invest in, and the good-humored author responded Buy
land; they've stopped making it.' The author's advice was given
more than 100 years ago and it still makes good sense. If a resource is
scarce, it is almost always going to become more valuable.        It is
J.D. Candidate, 2005, Seton Hall University School of Law; B.A. Magna Cum
Laude, Phi Beta Kappa, History, 1999, New York University: College of Arts and
Science. I would like to thank my parents, Robert and Maria Gruner, for their
unwavering support throughout my education, and Paula A. Franzese, the Peter W.
Rodino Professor of Law at Seton Hall Law School, for her invaluable knowledge and
guidance in writing this Comment.
I A search of the Lexis and Westlaw databases, as well as the World Wide Web,
demonstrates that hundreds of newspapers and Web sites have attributed this quote
or some similar version to Mark Twain. See, e.g., ClintonJ. Fynes, Ambassadorial Role
Leads Ian to Property, COURIER-MAIL, Oct. 12, 1990 (relaying the story of Mark Twain
advising his friend to Buy land, they're not making any more of it.); Tom Fegely,
Lack of Action on Tag Fees Pinches Gamelands Purchases, Maintenance, MORNING CALL
(Allentown, PA), Sept. 29, 1998, at C4 (quoting Twain as saying Buy land; They've
stopped making it.). A thorough search of Mark Twain quote books and databases,
however, revealed no such quote. Even so, a requested verification from scholars at
the Mark Twain Archive at Elmira College revealed that, although scholars are aware
of the fact that legend has attributed the quote to Mark Twain, they have not been
able to determine whether or not the quotation is a misnomer. Similar quotations
are also attributed to Will Rogers, but again, lack the necessary verification to
determine whether he is the source of the quote. It truly seems to be a legend
accredited to one of America's great authors.
2 Carol M. Rose, Enough, and as Good of What?, 81 Nw. U. L. REV. 417, 429
(1987). The value of property hinges on a property regime that allows people to
invest labor into their resources and on a commercial system that allows people to
trade resources to anyone who desire them more. Id. Once certainty exists in
property and commercial law, people can safely invest labor into their resources,
which makes people try harder to acquire them and tender more for them-which in

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