Category Archives: Property

Ellen Gordon-Bouvier, ‘Crossing the boundaries of the home: a chronotopical analysis of the legal status of women’s domestic work’

ABSTRACT Women’s domestic work is largely deemed to be a ‘labour of love’ and lacking any value outside the private family. This reflects an ‘ideology of domesticity’, whereby women’s natural place is deemed to be in an imagined private sphere. In this paper, I examine the status of housework in the context of asserting property […]

Matthias Lehmann, ‘Who Owns Bitcoin? Private Law Facing the Blockchain’

ABSTRACT … The issue of this paper therefore is: How can blockchain be squared with traditional categories of private law, including private international law? The proposal made herein avoids the recourse to a newly fashioned ‘lex digitalis’ or ‘lex cryptographica’. Rather, it is suggested that the problems can be solved by using existing national laws, […]

‘The Space In Between’

Naomi R Cahn, Revisiting Revocation upon Divorce?, 103 Iowa Law Review 1880 (2018). Professor Naomi Cahn undersells her recent Iowa Law Review article, ‘Revisiting Revocation upon Divorce?’ (‘Revisiting Revocation’), when she concludes it by saying that ‘this Article contributes to the ongoing conversations about the relationship between decedents’ intent, formality, and function in trusts and […]

Cai, Murtazashvili and Murtazashvili, ‘The Politics of Land Property Rights’

ABSTRACT Legal reforms that improve the security of private property rights to land have characteristics of a public good with dispersed benefits. However, nothing ensures that the state will provide property protection as a public good. Some states provide property protection selectively to powerful groups. Others are unable to provide property protection. In this paper, […]

‘Case Law: MN v OP, Money, money, money, must be funny, in an [anonymised beneficiary’s] world, protecting child beneficiaries in variation of trust cases’

“A typical plot development in old novels is the sudden discovery of unexpected wealth, usually in the form of an inheritance, or the discovery of a long lost will or hidden relationship to a wealthy benefactor. That is sometimes what it is like for children who are beneficiaries of big trust funds. They may, for […]

Paul Babie, ‘The Human Body and Private Property: Sperm Harvesting’

ABSTRACT Among other functions, the concept of property as it is invoked in a legal system seeks to resolve novel disputes concerning scarce resources. Bruce H Ziff writes that ‘since property depends on whether the law will recognize and enforce entitlements (and non-property on the refusal to do so), it follows that novel claims of […]

Morley and Sitkoff, ‘Trust Law: Private Ordering and the Branching of American Trust Law’

ABSTRACT In this chapter, prepared for The Oxford Handbook of New Private Law, we identify the principal ways in which the common law trust has been used as an instrument of private ordering in American practice. We argue that in both law and function, contemporary American trust law has divided into distinct branches. In our […]

Babie, Burdon, da Rimini, Metcalf and Stenseth, ‘The Idea of Property: A Comparative Review of Recent Empirical Research Methods’

ABSTRACT While theory offers important insights into property’s normative content, it sometimes fails to tell us about what people understand property to mean and how they interact with those things said to be owned by them. This has significant implications for some of the challenges facing humanity, including climate change, unequal distributions of wealth and […]

Menachem Mautner, ‘Property and the Obligation to Support the Conditions of Human Flourishing’

ABSTRACT American rights discourse makes it difficult to generate responsibilities for the well-being of the communities within which human personhood is formed. Gregory S Alexander’s Property and Human Flourishing (2018) focuses on the obligations that property owners owe to the communities in which they are embedded. Drawing on a communitarian ontology – as opposed to […]

Hanoch Dagan, ‘Liberalism and the Commons’

ABSTRACT In ‘The Liberal Commons’ Michael Heller and I celebrated commons property types that mainstream property theory obscures notwithstanding their prevalence in contemporary law. In this Essay, prepared for the Cornell Law School Symposium celebrating Greg Alexander’s retirement, I maintain that the connection between liberalism and commons property types is more precise and, in a […]