Category Archives: Property

Call for Papers: Modern Studies in Property Law 2018: University College London, 10-12 April 2018

The 12th Biennial MSPL Conference will be held at the newly refurbished Bentham House, home of the UCL Faculty of Laws, from Tuesday 10th April to Thursday 12th April 2018. A dedicated Post-Graduate Research strand will be held on Thursday 12th April: further details and a call for papers for this strand will be released […]

Rothstein and Rothstein, ‘The Use of Genetic Information in Real Property Transactions’

With the cost of genome sequencing continuing to decline and genomic information becoming more common in health records, it is foreseeable that entities with an economic interest in the future health status of individuals will be tempted to use predictive genetic information to assess the health risks of individuals who are parties to real property […]

Anthony Niblett, ‘On the efficiency of the common law: an application to the recovery of rewards’

Abstract: Richard Posner’s influence on the field of law and economics cannot be overstated. Among his many contributions, Posner offered an early conjecture that remains fascinating and controversial to this day: the idea that common law rules are more likely than legislative codes to be concerned with efficiency. In this paper, I compare the efficiency […]

The Inevitability of the Decline of the Concept of Title in the American Law of Personal Property Security Rights: Henry Gabriel, Oxford, 7 June 2017

Although originating from principles of English contract and property law, the American law of personal property security rights, responding to the commercial needs and practices of eighteenth and nineteenth century America, developed in various jurisdictions to offer a set of security devices that met with mixed receptions … (more)

‘Divorce and money – where are we and where are we going?’

“The advance towards the digital court, heralded by the progress towards on‐line divorce (in which expression I include for present purposes the analogous processes in relation to civil partnership, judicial separation and nullity), demands that we now tackle an issue which has been around for some time. Why is it that what is referred to […]

Jeffrey Stake, ‘Biologically Biased Benificence’

Introduction: After death and after taxes, the laws relating to wills, trusts, and intestate succession determine what to do with a decedent’s assets. Much of that body of law is built upon the assumption that the law should help the decedent reach her goals if she has expressed them, or mimic her probable goals if […]

Paul Babie, ‘Review Essay: Private Property Suffuses Life’

Abstract: This review essay explores, in four Parts, the ways in which private property has become a ubiquitous means of exerting control over things and over people. First, it recounts the liberal conception of private property. Second, using Andro Linklater’s Owning the Earth: The Transforming History of Land Ownership and Frank Trentmann’s Empire of Things: […]

James Stern, ‘The Essential Structure of Property Law’

Abstract: This Article examines a characteristic of property entitlements fundamental to the structure of property systems that has received scant academic attention, a characteristic referred to as the mutual exclusivity principle. According to this principle, a property system does not allow for the existence of incompatible rights. Two people cannot separately be the owners of […]

‘America’s Next Top Probate Model’

Katherine M Arango, Trial and Heirs: Antemortem Probate for the Changing American Family, 81 Brooklyn Law Review 779 (2016). The idea of the ‘traditional family unit’ is changing at a rapid pace that requires the law to adapt to effectuate a testator’s intent when administering a will. With 16.3 million unmarried Americans cohabiting and one […]

Kali Murray, ‘Trademark Law in the Time of Kulturkampf: The Poirean Perspective’

Abstract: This Article explores what is termed the ‘Poirean Perspective’, which is an examination of Professor Marc Poirier’s seminal work in the relationship of property theory to the formation of social identity. The Poirean Perspective offers three key insights on the relationship of property and intellectual property law to conflicts over social identity. First, the […]