Category Archives: Property

Brian Frye, ‘Christmas in July: A Response to David Fagundes, “Why Less Property is More”’

Abstract A response to David Fagundes, ‘Why Less Property Is More: Inclusion, Dispossession, and Subjective Well-Being’, 103 Iowa Law Review 1361 (2018). Frye, Brian L, Christmas in July: A Response to David Fagundes, ‘Why Less Property is More’ (August 14, 2018). 103 Iowa Law Review Online 14 (2018).

Gregory Alexander, ‘Of Buildings, Statues, Art, and Sperm: The Right to Destroy and the Duty to Preserve’

Abstract Markets require some sort of property rights, including transferability. Without transferable property rights market relations cannot get off the ground. Moreover, markets assume that these rights refer to some resource, some thing that is the object of the market relationship. In this sense property is, as some commentators recently have argued, about things. Saying […]

David Fox, ‘Cryptocurrencies in the Common Law of Property’

Abstract The development of cryptocurrency technology has been driven by a desire to create autonomous systems for carrying out digital transactions. The people who use them may neither seek nor want extraneous legal intervention. Property law is as much a kind of state intervention as all the more familiar rules of financial or securities regulation […]

Jessica Litman, ‘What We Don’t See When We See Copyright As Property’

Abstract For all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended […]

Kristine Knaplund, ‘Women and Wills: An Empirical Analysis of the Married Women’s Property Act and its Remarkable Resonance Today’

Abstract ‘The oft repeated rule of the common law is that marriage is an absolute gift to the husband of all the personal estate of the wife which she had at the time of the marriage, or which accrues to her in her own right, during coverture …’ By 1900, Missouri had a quarter century’s […]

David Opderbeck, ‘Christian Thought and Property Law’

Abstract This is a draft chapter for a forthcoming book on Christian thought and private law. In surveys relevant Biblical texts and historical sources from the Patristic era to the present. Opderbeck, David W, Christian Thought and Property Law (August 11, 2018). Forthcoming, Christian Thought and Private Law, Cambridge University Press.

DP Waddilove, ‘The “Mendacious” Common-Law Mortgage’

Abstract The common-law mortgage has been much maligned. Legal historians have called it everything from ‘clumsy’ to ‘mendacious’. Following their lead, the current Restatement (Third) of Property: Mortgages and the leading treatise on mortgage law denounce the modern incarnation of the common-law mortgage – the ‘title theory’ of mortgages – in favor of the ‘lien […]

John Lovett, ‘Good Faith in Louisiana Property Law’

Abstract Good faith plays a pivotal role in four core areas of Louisiana property law that were the subject of an intense burst of law reform activity between 1977 and 1982. This article addresses the function of good faith in those areas: (1) as a prerequisite to the establishment of a predial servitude benefiting the […]

Vanessa Casado-Pérez, ‘A Street View of Property’

Abstract Parking on public streets is scarce. The current allocation system for parking spots based on rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of parking has consequences for commerce, for access to public spaces, and for pollution and congestion. Municipalities have not widely adopted the […]

Kwan and Chin, ‘Be careful what you promise: Proprietary estoppel in Cowper-Smith v Morgan

Abstract Proprietary estoppel provides one of equity’s most powerful remedies. Estoppel is an equitable doctrine which arises when one party acts on the reliance of the promise of another. The promise and corresponding reliance creates a quasi-contract with reliance acting as an alternative to the consideration usually required in contracts. Proprietary estoppel is distinct from […]