Category Archives: Property

Meredith Render, ‘The Concept of Property’

Introduction: … this Article adopts three positions: (1) that property is conceptually distinct from other areas of law, and that it is numerus clausus that makes it distinct; (2) while numerus clausus embodies a kind of formalism, it is the good kind of formalism, not the bad (as in savaged by the American Realists) kind […]

Dave Fagundes, ‘Why Less Property Is More: Inclusion, Dispossession, and Subjective Well-Being’

Abstract: The twin notions of exclusion and possession dominate our cultural and legal conceptions of property. This Article uses the lens of hedonics – the emergent science of happiness – to make a case for the less appreciated notions of inclusion and dispossession. Evidence from this new field shows that owners maximize their welfare not […]

Adam Hofri-Winogradow, ‘Contract, Trust and Corporation: from Contrast to Convergence’

Abstract: This Article presents a new theory of fiduciary relationships. Using legal analysis, legal theory and the results of an unprecedented global survey of professional fiduciaries, I show that fiduciary relationships are not now fundamentally different from contractual relationships. I then show how different types of fiduciary relationships are converging. Scholars commonly claim that trusts […]

James Grimmelmann, ‘Real + Imaginary = Complex: Toward a Better Property Course’

The first-year course in property has a dreadful reputation. When the St Louis University Law Review invited four students to contribute to a symposium on teaching property, three of the four used the occasion to bash the course. One ‘began with the hypothesis’ that it shouldn’t be a required course. Another wrote, ‘I must admit […]

Thomas Farkas, ‘Data Created by the Internet of Things: The New Gold Without Ownership?’

Abstract: Data has become an asset with a big financial impact. With the extensive use of the Internet which “never forgets”, society has become more transparent than ever. Society also creates more data than ever. The increase of data creation is further catalysed by new technologies and connected devices; it is often referred to as […]

Richard Storrow, ‘What’s Wrong with Partial Intestacy?’

Abstract: This article questions whether wills law’s disapproval of partial intestacy rests on defensible assumptions about testamentary intent. After examining the causes of and antidotes to partial intestacy, I make three primary points. First, the presumption against intestacy applies only to wills that contain an ambiguous bequest of the residue. Second, the law’s disapproval of […]

‘Everything Old is New Again: Breathing New Life into the Fee Simple Absolute’

Lee Anne Fennell, Fee Simple Obsolete, 91 NYU Law Review 1457 (2016), available at SSRN. ‘And don’t throw the past away. You might need it some other rainy day.’ These lyrics to Peter Allen’s song, Everything Old is New Again, sum up the fee simple absolute (‘fee simple’) perfectly. This antiquated doctrine that is the […]

Natalie Banta, ‘Property Interests in Digital Assets: The Rise of Digital Feudalism’

Abstract: The emergence of digital assets has created a host of new legal questions regarding their status as a property interest. Digital assets consist of intangible interests like e-mail accounts, social media accounts, reward points, and electronic media. These assets seem like a property interest, but because digital assets are a creature of contract, private […]

Tim Iglesias, ‘A Novel Tool for Teaching Property: Starting With The Questions’

Introduction: … This essay’s argument is subtle and could be easily misconstrued. It is not proposing a Grand Theory of Property, nor is it taking a position on whether such a theory should be pursued. It neither seeks to resolve any of the many important conceptual and normative debates about property law nor to appear […]

Theoretical Inquiries in Law volume 18, no 2 (2017): ‘Sovereignty and Property’

Introduction (Yael Braudo, TIL Editorial Board) Property and Sovereignty: How to Tell the Difference (Arthur Ripstein) The Dialectics of Sovereignty and Property (Sergio Dellavalle) Property’s Sovereignty (Larissa Katz) Property, Sovereignty, and the Public Trust (Laura S Underkuffler) Sovereignty, Property and Empire: Early Modern English Contexts (Martti Koskenniemi) The Human Right to Private Property (Hanoch Dagan […]