Category Archives: Property

Igor Shoikhedbrod, ‘Private Law’s Estranged Bedfellows: Why Pashukanis Should Worry Contemporary Formalists’

“The title of this article betrays a seemingly ironic if not altogether improbable thesis – that the legal thought of Evgeny Pashukanis shares important assumptions of the ‘bourgeois’ legal philosophy that it was intended to refute. More specifically, I submit that Pashukanis shares more in common with the neo-Kantian representatives of legal formalism than he […]

‘Relief from Forfeiture following Manslaughter: Challen v Challen [2020] EWHC 1330 (Ch)’

“In this recent case, described by the presiding judge HHJ Matthews as ‘extraordinary [with] a fatal combination of conditions and events’, relief from forfeiture was granted despite the applicant having pleaded guilty to manslaughter with a resulting sentence of over nine years of imprisonment …” (more) [Matthew Hodson, Hardwicke, 29 May]

Slaev and Daskalova, ‘Complex property rights and Coasean bargaining in natural resource management’

ABSTRACT This paper contributes to the debate on whether private or common property rights are better for advancing the sustainable management of natural resources. This contest between public and private ownership is often exaggerated, we claim, because in the real world, complex entitlements with varying degrees of privateness/publicness prevail. Property rights belonging to families, companies, […]

D Theodore Rave, ‘Tort Claims As Property Rights’

ABSTRACT Courts have long said that legal claims are a constitutionally protected form of property. But what does that mean? This essay explores the treatment of legal claims as property rights in the context of mass torts in doctrinal, theoretical, and economic terms. Corrective justice and civil recourse conceptions of tort law dictate that tort […]

‘Uneasy Lies the Head that Owns Property’

Paul Babie, Private Property Suffuses Life, 39 Sydney Law Review 135 (2017), available at SSRN. There is ongoing disagreement among property scholars about the fundamental nature of property. Some view property ownership as a bundle of unfettered rights while others envision property as a complex web of rights and responsibilities. Paul Babie’s Private Property Suffuses […]

‘Partition Law Abuse’

“VICE, a mini-documentary series that airs on Showtime (it used to air on HBO), recently produced an episode on partition law abuse that has impacted so-called heirs’ property owners (tenancy-in-common property that typically is transferred by way of intestate succession) and that episode has been airing on Showtime this month …” (more) [Gerry Beyer, Wills, […]

‘Torts in the Restatement (Fourth) of Property’

“Henry Smith is the Reporter for the Restatement (Fourth) of Property; he is joined by John Goldberg as an Associate Reporter in charge of the property torts. This 30-minute video covers basics of Tentative Draft No. 1, which would have been before the members at the ALI’s Annual Meeting this month. John addresses trespass to […]

Benito Arruñada, ‘Prospects of Blockchain in Contract and Property’

ABSTRACT Recurrent difficulties are delaying what for the time being are still modest applications of blockchain. This paper identifies what value this new technology adds to the contractual and property processes, exploring its potential and analyzing the main difficulties it is facing. Paying particular attention to the distinction between contract (personal or in personam) rights […]

Cathy Sherry, ‘Does Discrimination Law Apply To Residential Strata Schemes?’

ABSTRACT Although strata title legislation is over 50 years old, a number of important questions about its intersection with other areas of law remain unanswered. One such question is whether discrimination law applies to residential strata schemes. Discrimination law was enacted to ensure all citizens’ equal civic participation, and although it regulates both private citizens […]

‘Knowledge and Normative Convergence in Property Law’

“One of the most intriguing features of New Private Law scholarship is its recognition that diverse normative accounts often converge in explaining core private law doctrine. For instance, the right to exclude as an incident of ownership can be understood in consequentialist terms as a means of accounting for information costs, or alternatively in deontological […]