Category Archives: Property

Perzanowski and Schultz, ‘Reconciling Intellectual and Personal Property’

Introduction: … Part I begins by examining the relationship between intellectual and personal property. Sometimes courts have treated those rights as inseparable, as if transfer of a copy entails transfer of the intangible right, or retention of the copyright entails ongoing control over particular copies. But Congress and most courts have recognized personal and intellectual […]

José Alvarez, ‘The Human Right to Property’

Abstract: How does the human right of property relate to protecting human rights in the age of Trump? Human rights advocates faithful to Henkin’s vision need to combat the dangerous consensus between elements on the political left and right that international law (including arbitration bodies outside US courts) has no business protecting the right to […]

Shelly Kreiczer-Levy, ‘Property without Personhood’

Abstract: The property as personhood theory provides a dominant justification for legal theory and has shaped numerous legal doctrines. Although the theory has been criticized by many scholars, one important concern has escaped scholars thus far. Property as personhood limits identity and confines growth. The concept allows little room for experimenting with personality and testing […]

‘Property law and flooding’

“Continuing our trend on water, the Osgoode Society recently announced that Jason Hall has won its Peter Oliver Prize for best published student writing for his article, ‘High Freshets and Low-Lying Farms: Property Law and St John River Flooding in Colonial New Brunswick’. The abstract: ‘ Although New Brunswick was founded on private land ownership, […]

Nicola Lacetera, ‘Incentives and Ethics in the Economics of Body Parts’

Abstract: Research shows that properly devised economic incentives increase the supply of blood without hampering its safety; similar effects may be expected also for other body parts such as bone marrow and organs. These positive effects alone, however, do not necessarily justify the introduction of payments for supplying body parts, because these activities concern contested […]

‘The Sticks in the Chinese Property Rights Bundle’

Shitong Qiao, The Evolution of Chinese Property Law: Stick by Stick?, in Private Law in China and Taiwan: Legal and Economic Analyses (Yun-chien Chang et al eds, Cambridge University Press, forthcoming 2017), available at SSRN. There is ongoing disagreement among Western scholars as to whether property rights are in personam or in rem rights, and […]

J Peter Byrne, ‘Property in the Anthropocene’

Abstract: Human-induced climate change threatens perilous risks for our physical homes and also poses a serious challenge to our legal institutions. Several scholars already have remarked on the disruption climate change has brought to specific legal areas, such as tort, standing, and national security. This essay argues that climate change will also disrupt fundamental ideas […]

Mark Pawlowski, ‘Beneficial ownership of the family home – where now the resulting trust?’

Abstract: The article seeks to identify those areas where the resulting trust may still have an important role to play in determining beneficial ownership of the family home. Although the modern judicial trend is for the courts to apply constructive trust or proprietary estoppel mechanisms in the family context, the resulting trust remains the appropriate […]

Brooke MacKenzie, ‘Shifting Blame? Reassessing the Tort of Inducing Breach of Contract Following AI Enterprises v Bram

Abstract: This paper argues that it is time to critically assess the tort of inducing breach of contract and whether its recognition can be justified by Canadian common law in the modern economy. Considering the principles articulated by the Supreme Court of Canada in AI Enterprises v Bram, I argue that the tort can be […]

Cooper and Lees, ‘Interests, Powers and Mere Equities in Modern Land Law’

Abstract: English land registration law is a work in progress. There remain important unresolved issues concerning the conceptual building blocks used in the Land Registration Act 2002. This article focuses on rights to correct the land register. It considers the place of such rights in the ordering of estates, interests, rights and equities; and makes […]