Category Archives: Property

Amelia Thorpe, ‘“This Land is Yours”: Ownership and agency in the sharing city’

Abstract As people try to remake cities in more collaborative ways, how do law and legality shape their actions and aspirations? Focusing on Lande, an organisation that brings citizens together to transform vacant sites into parks, playgrounds and productive gardens, this article finds a co-constitutive relationship between law and citizen engagement. Established in Montreal, Canada, […]

Lee Anne Fennell, ‘Owning Bad: Leverage and Spite in Property Law’

Abstract Can the exercise of property rights be a civil wrong? People may undertake acts that otherwise fall within their envelopes of ownership in order to exploit bargaining leverage or to spite others: erecting a hideous high fence just to block a neighbor’s light and air, discharging a gun near the property line to disrupt […]

‘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 […]