Category Archives: Property

‘Hartog on property in land and water’

“As part of his stint as a guest blogger at Legal History Blog, Dirk Hartog recently blogged about his own early work on waterfront development in New York City and his encounter with Debjani Bhattacharyya’s Empire and Ecology in the Bengal Delta: The Making of Calcutta. Some excerpts, followed by a quibble of mine …” […]

‘No oral modification clauses after Rock Advertising: Some property law difficulties’

“‘No Oral Modification’ clauses (‘NOMs’) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around […]

‘The Hunt as History and as Game’

Angela Fernandez, Pierson v Post: The Hunt for the Fox (2018); Angela Fernandez, Pierson v Post in Feminist Judgments: Rewritten Property Opinions (forthcoming 2020). Most American law students are familiar with Pierson v Post, a case that has been a fixture in American property law casebooks for well over half a century. Decided by the […]

Avihay Dorfman, ‘No Exclusion’

ABSTRACT The idea of exclusion plays a pivotal role in property law and theory, and it is only destined to receive more salience in the light of the forthcoming fourth Restatement of property. There are accounts of property, and case-law, that treat exclusion as the single most fundamental feature of property. And there are other […]

Jessica Shoemaker, ‘Transforming Property: Reclaiming Indigenous Land Tenures’

ABSTRACT This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, oppressive, and linked to persistent poverty in many reservation communities. Yet, for complex reasons, trust property has proven largely […]

Bell, Brooks and Killick, ‘A reappraisal of the freehold property market in late medieval England’

ABSTRACT This article re-examines the late medieval market in freehold land, the extent to which it was governed by market forces as opposed to political or social constraints, and how this contributed to the commercialisation of the late medieval English economy. We employ a valuable new resource for study of this topic in the form […]

Arthur Ripstein, ‘Political Independence, Territorial Integrity and Private Law Analogies’

ABSTRACT Kant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use […]

Michael Müller, ‘Approaches to the law applicable to proprietary effects of transactions in securities taken in uniform law: a lesson for the EU’

ABSTRACT The modern practice of securities trading has led to almost insurmountable tensions with classical conflict-of-laws doctrine. The Hague Securities Convention set out to provide for a new and uniform solution. In a recent communication from the Commission, the topic has resurfaced on the European agenda. Against this background, this article poses the question of […]

‘Clarity or Ambiguity in Reform? Probate litigation after the Wills Act of 1837’: Institute of Advanced Legal Studies, London, 13 December 2019

Date: 13 Dec 2019, 17:30-19:00. Venue: Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR. Description: ‘Clarity or Ambiguity in Reform? Probate litigation after the Wills Act of 1837’. Speaker: Professor Lloyd Bonfield, New York Law School. Registration: This seminar is free but those wishing to attend are asked to book in advance […]

Cyra Akila Choudhury, ‘The Common Law As a Terrain of Feminist Struggle’

ABSTRACT Many feminists have written off the common law because it is slow moving and tends to be conservative.It does not yield the kind of dramatic outcomes and reversals of precedent that federal or state constitutional cases do. Nevertheless, at the heart of it, the common law protects vital negative liberties which prevent the state […]