Category Archives: Property

Bar-Gill and Engel, ‘Property is Dummy Proof: An Experiment’

ABSTRACT Law is for humans. Humans suffer from cognitive limitations. Legal institutions can help humans by making these limitations irrelevant. This experiment shows that strong property rights serve this function. In theory, efficient outcomes obtain even without strong property rights. In a hypothetical world where cognitive ability is perfect, individuals would not engage in wasteful […]

Bradford, Chang, Chilton and Garoupa, ‘Do Legal Origins Predict Legal Substance?’

ABSTRACT There is a large literature in economics and law suggesting that countries’ legal origins – whether a country’s legal regime was based on British common law or German, French, or Nordic civil law – profoundly impact a range of outcomes. However, the exact relationship between legal origins and legal substance has been disputed in […]

Colin Mayer, ‘Ownership, Agency and Trusteeship’

ABSTRACT This article argues that the two dominant concepts of theory of the firm and the bases of modern management education, business practice, and public policy towards the firm, namely shareholder primacy and agency theory, are at best incomplete and at worst erroneous. They omit what was a substantial basis of discourse on the company […]

Edward Stone, ‘Dying trusts, living trusts’

ABSTRACT The popularity of trusts has been on a long downward trend in the UK. According to the latest data published by HMRC in September 2019, the total number of trusts and estates registered for tax in the UK has fallen by almost one-third since April 2006 to 150,000 and the number of interest in […]

Coe and Brown, ‘What’s in a Name? The Case for Protecting the Reputation of Businesses under Article 1 Protocol 1 of the European Convention on Human Rights’

ABSTRACT This article approaches corporate reputation from an English law perspective. It argues that corporate reputation is at least as important as individual reputation, as it is not only vital for the health and prosperity of businesses themselves (whether large or small), but also for the communities within which they operate. Following analysis of conflicting […]

Jodi Lazare, ‘“Who Gets the Dog?” A Family Law Approach’

INTRODUCTION … This article makes a case for change. It argues that the law should catch up with social attitudes and behaviour toward companion animals. On the heels of the first reported Canadian appellate court decision to weigh in on companion animal ownership following a break-up, it sets out and argues in favour of an […]

Weisbord and Horton, ‘Inheritance Forgery’

ABSTRACT Many venerable norms in inheritance law were designed to prevent forgery. Most prominently, since 1837, the Wills Act has required testators to express their last wishes in a signed and witnessed writing. Likewise, the court-supervised probate process helped ensure that a donative instrument was genuine and that assets passed to their rightful owners. But […]

Rachel Sachs, ‘Judge Posner’s Reconstruction of Property Theory’

INTRODUCTION … Part I of this Essay considers the substantial impact Judge Posner’s scholarship and philosophy have had on the field of property law today. The overall impact on modern property law of Judge Posner’s scholarly writings and of the law-and-economics movement more generally has been significant. Part II goes on to investigate why Judge […]

Faillo, Rizzolli and Tontrup, ‘Thou Shalt Not Steal. Taking Aversion with Legal Property Claims’

ABSTRACT Some recent experimental literature on the taking game (a variation of the dictator game) suggests that human subjects may generally be taking averse, implying that the moral cost of taking exceeds the moral cost of not giving. In our experiment, our subjects could decide to take tangible objects (lottery scratchcards) brought from outside the […]

Graben and Morey, ‘The Public Power of Private Property in Canadian Jurisprudence on Aboriginal Title’

ABSTRACT It is easy to see the decision of the Supreme Court of Canada in Tsilhqot’in as an attempt to confer the financial benefits of title without recognizing jurisdiction to territory. We question whether the Court has a grander agenda to empower First Nations in its formulation of property. The clarity of the court regarding […]