Category Archives: Property
Conway and Stannard, ‘The Emotional Paradoxes of Adverse Possession’
Abstract: Property lawyers are generally viewed as a serious lot, not prone to feverish bursts of excitement as we seek comfort and solace in established legal rules and precepts. In the same way, property law disputes tend to have a fairly low profile and fail to capture the public imagination in the same way as, [...]
Christopher Yoo, ‘Beyond Coase: Emerging Technologies and Property Theory’
Abstract: In addition to prompting the development of the Coase Theorem, Ronald Coase’s landmark 1959 article on The Federal Communications Commission touched off a revolution in spectrum policy. Although one of Coase’s proposed reforms (that spectrum should be allocated through markets) has now become the conventional wisdom, his other principal recommendation (that governments stop dedicating [...]
Donald Kochan, ‘The Property Platform in Anglo-American Law and the Primacy of the Property Concept’
Abstract: This Article proposes that the property concept, when reduced to its basic principles, is a foundational element and a useful lens for evaluating and understanding the whole of Anglo-American private law even though the discrete disciplines — property, tort, and contract — have their own separate and distinct existence. In this Article, a broad [...]
Property and Constitution – A new and impressive book by André van der Walt
“… In the past months, I have been a visiting scholar at the institute for property law at the Catholic University of Leuven, where I have had the time to investigate differences and similarities between constitutional property law and private-law property law. From the tradition (the Netherlands) I am from, this mainly concerns the effect [...]
Eric Claeys, ‘On the “Property” and the “Tort” in Trespass’
Abstract: This Chapter studies how tort presumes and implements theories of rights. Although most recent philosophical scholarship on tort has focused on corrective justice, by and large that scholarship takes for granted that tort corrects wrongs to substantive moral rights. The morality that generates these rights is separate from and logically-prior to corrective justice. Philosophical [...]
Anna di Robilant, ‘Property: A Bundle of Sticks or a Tree?’
Abstract: In the United States, property debates revolve around two conceptual models of property: the ownership model, originally developed in Europe and now revisited by information theorists and classical-liberal theorists of property, and the bundle of rights model, developed in the United States by Hohfeld and the realists. This Article retrieves an alternative concept of [...]
Sanne Knudsen, ‘The Long-Term Tort: In Search of a New Causal Paradigm for Natural Resource Damages’
Abstract: Scientific evidence is mounting regarding the persistence and significance of toxic releases in the marine environment. Though a new paradigm is emerging in the scientific literature – one that demonstrates long-term impacts from oil spills are more significant than previously thought – legal scholars have yet to consider the law’s ability to remedy long-term [...]
Larissa Katz, ‘Spite and Extortion: A Jurisdictional Principle of Abuse of Property Right’
Abstract: This Essay puts forward the conceptual and normative underpinnings of a principle of abuse of property right. Owners abuse their right, I argue, when their decisions about a thing are designed just to produce harm. This is so whether that harm is an end in itself (spite) or a means to achieving some ulterior [...]
Lee Anne Fennell, ‘The Problem of Resource Access’
Abstract: The Coasean insight that transaction costs stand between the world as we know it and an ideal of perfect efficiency has provided generations of law and economics scholars with an analytic North Star. But for legal scholars interested in the efficiency implications of property arrangements, transaction costs turn out to constitute an unhelpful category. [...]
Giuseppe Dari-Mattiacci, ‘The Economic Perspective: Demand and Supply in the Reduction of Transaction Costs in the Ancient World’
Abstract: In this chapter, I distill some elements of the demand and supply of institutions designed to reduce transaction costs in the ancient world. I some cases, contractual parties could reduce transaction cost by accurately designing contracts. In other cases, the failure of private coordination placed the state in a better position than private parties [...]
Recent comments