Category Archives: Property

Just Published: Modern Studies in Property Law, Volume 10 edited by McFarlane and Agnew

This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by […]

Christopher Rodgers, ‘Towards a Taxonomy for Public and Common Property’

ABSTRACT This article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both ‘owners’ and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article […]

Dominiak and Fegley, ‘Should Libertarians Reject the Title Transfer Theory of Contracts?’

ABSTRACT … In the present paper we argue that on the grounds of the title transfer theory of contracts typical debt contracts, as the one adumbrated above, would not be legally binding because they presuppose that a promise, not a property title transfer, is the source of contractual obligation. In turn the title transfer theory […]

Dana and Wiseman, ‘Fracking as a Test of the Demsetz Property Rights Thesis’

ABSTRACT Since its introduction in 1967, the account of property rights formation by Harold Demsetz has pervaded the legal and economic literature. Demsetz theorized that as a once-abundant, commonly-shared resource becomes more valuable and sought-after, users will move to more clearly define property rights in the resource. Despite the high transaction costs of this approach, […]

Jessica Roberts, ‘Genetic Conversion’

ABSTRACT Traditionally, courts and legal scholars alike have rejected conversion claims related to DNA. Justifications for dismissing these causes of action include fears that they could hinder scientific research or commodify the human body. Judges and academics reason that – even absent actionable claims for genetic conversion – plaintiffs have access to adequate legal protections […]

Jill Fraley, ‘Modern Waste Law and Residential Mortgages’

ABSTRACT … Using new research on the evolution of waste law, this Article traces the changes that allowed lenders – who at the common law had no standing – to bring waste actions and how the doctrine has evolved to make those actions more available and more lucrative for lenders. Drawing on that history, this […]

Vincent Buccola, ‘Bankruptcy’s Cathedral: Property Rules, Liability Rules, and Distress’

ABSTRACT What justifies corporate bankruptcy law in the modern economy? For forty years, economically oriented theorists have rationalized bankruptcy as an antidote to potential coordination failures associated with a company’s financial distress. But the sophistication of financial contracting and the depth of capital markets today threaten the practical plausibility, if not the theoretical soundness, of […]

Leslie Katz, ‘The Testamentary Condition in Restraint of Marriage Essential to the Plot of Our Mutual Friend’

ABSTRACT Essential to the plot of Our Mutual Friend was a condition in a will made by John Harmon the elder, although it transpires that the will containing that condition was afterwards superseded. The condition was that, before obtaining his entitlement under the will, John Harmon the younger marry Bella Wilfer. The paper discusses the […]

Philip Sales, ‘Fraud on a Power: the interface between contract and equity’

“How far can a legal instrument intended to have long-term effects control for the unknown future? This is a general problem for those acting in ‘the now’ with a view to regulating what happens to their property or personal obligations in the future. It is an issue which may arise across practically the whole range […]

‘Call for Papers: Feminist Judgments: Rewritten Property Opinions’

“The US Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on the rewritten opinions for an edited collection tentatively titled Feminist Judgments: Rewritten Property Opinions. This edited volume is part of a collaborative project among law professors and others to rewrite, from a feminist perspective, key judicial decisions in the United States. […]