Category Archives: Property

‘Comment on Claeys, “Two Suggestions for Conceptual Property Theory”’

“In his post, Eric Claeys introduces a couple of important forthcoming articles. I welcome these contributions to the already extensive ‘debates’ over property theory. These articles are a real advance in the morally oriented property theory literature. I’d like to focus how they bring to that literature considerations that are more prominent in the functionalist […]

Lloyd Bonfield, ‘Reforming the Law of Will Execution: The Real Property Commissioners’ Reports’

Abstract The paper is an introductory chapter of a book length study on the Wills Act of 1837. It focuses on the discussion of wills in the First Report made to by the Commissioners appointed to inquire into the Law of England respecting Real Property (1829) and the Fourth Report made to His Majesty by […]

Teresa Scassa, ‘Data Ownership’

Abstract The rapid expansion of the data economy raises serious questions about who ‘owns’ data, and what data ‘ownership’ entails. In most jurisdictions, data that are kept confidential can be protected as confidential information. However, such data are vulnerable to exposure through hacking or leaking by third parties. In many instances, significant stores of data […]

‘Two Suggestions for Conceptual Property Theory’

“In contemporary legal and philosophical theory, three perspectives loom large. For a century and more, conventional wisdom held that the best way to conceive of property is as a bundle of rights. In the nineties and the ‘oughts’, bundle views were questioned by scholars arguing that exclusion is crucial to property. These exclusion views have […]

‘Intellectual Property’

“Intellectual property is generally characterized as non-physical property that is the product of original thought. Typically, rights do not surround the abstract non-physical entity; rather, intellectual property rights surround the control of physical manifestations or expressions of ideas. Intellectual property law protects a content-creator’s interest in her ideas by assigning and enforcing legal rights to […]

‘Property, Fast and Loose’

Katrina M Wyman, The New Essentialism in Property, 9 Journal of Legal Analysis 183 (forthcoming 2018), available at SSRN. What’s the best model for property – a sack of LEGO bricks or a heap of sticks? For those with a formalist view of property that emphasizes a stable set of characteristics and a distinctively self-contained […]

Paul Babie, ‘A Great Exploitation: The True Legacy of Property – A Review Essay’

Abstract This review essay contains four parts. The first briefly recounts the contours of Rafe Blaufarb’s thesis in The Great Demarcation: The French Revolution and the Invention of Modern Property (Oxford University Press, New York, 2016). The review is not intended to be a full assessment of the book; rather, Blaufarb’s work sets the stage […]

Hilary Biehler, ‘The scope of common intention constructive trusts: where to draw the line?’

Introduction The common intention constructive trust is now well established as the mechanism used by the courts in England to resolve disputes about the beneficial ownership of family property, whether held in the parties’ joint names or in the sole name of one of them. However, it is clear that there are both doctrinal and […]

Taisu Zhang, ‘A Theory of Property and Sociopolitical Change’

Abstract Contemporary property theory highlights information costs as the most important determinant of exclusion rights and numerus clausus-type standardization: rising information costs lead to stronger exclusion rights and more standardization – that is, a reduction in the number of allowed property forms – whereas falling information costs have the opposite effect. What this paradigmatic model […]

Call for Papers: ‘Communities and Community Practices’: Paris 11 June 2019 and Montréal 11 October 2019

In preparation for the publication of a collective work on the theme ‘Communities and Community Practises’ and the organization of an international symposium on 11 June 2019 in Paris, the Center for Business Law and New Technologies (DANTE) of the University of Versailles Saint-Quentin-en-Yvelines, and the Private Law Think Tank (GRDP) of the Université du […]