Category Archives: Property

Henry Smith, ‘Restating the Architecture of Property’

ABSTRACT Property law has proven difficult to restate, with none of the American Law Institute’s previous Restatements coming close to covering the full breadth of this area. In addition to trying to fill this gap, those working on the current Fourth Restatement aim to capture the architecture of property. In the terms of complex systems […]

Bar-Gill and Persico, ‘Bounded Rationality and the Theory of Property’

ABSTRACT Strong, property rule protection – implemented via injunctions, criminal sanctions, and supercompensatory damages – is a defining aspect of property. What is the theoretical justification for property rule protection? The conventional answer has to do with the alleged shortcomings of the weaker liability rule alternative: it is widely held that liability rule protection – […]

Lothar Determann, ‘No One Owns Data’

ABSTRACT Businesses, policy makers, and scholars are calling for property rights in data. They currently focus on the vast amounts of data generated by connected cars, industrial machines, artificial intelligence, toys and other devices on the Internet of Things (IoT). This data is personal to numerous parties who are associated with the connected device, and […]

Marco Jimenez, ‘Bridging The Property-Contract Divide: Testing The Endowment Effect In Contract Law’

INTRODUCTION … Therefore, this Article fills this empirical gap and tests whether, and to what extent, the endowment effect applies directly to the promises to exchange goods (ie, contracts), rather than to the property that is frequently exchanged through the medium of contract. More specifically, the question explored in this Article is whether an individual […]

Kate Falconer, ‘An Illogical Distinction Continued: Re Cresswell and Property Rights in Human Biological Material’

INTRODUCTION … The body of Australian case law dealing with the question of property rights in human biological material is large and contradictory. Re Cresswell is the culmination of over three decades of Australian jurisprudence on the issue and is notable for its comprehensive and in-depth discussion of preceding decisions. Brown J’s use of precedent […]

Vanessa Casado Perez, ‘The Street View of Property’

ABSTRACT Parking on public streets is scarce. The current allocation system for parking spots based on the 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 […]

Struan Scott, ‘The Land Transfer System’

ABSTRACT This chapter provides an overview of the Land Transfer system in operation in New Zealand. Scott, Struan, The Land Transfer System (2018) in Hinde McMorland and Sim, Land Law in New Zealand (Looseleaf ed), LexisNexis, Wellington [ISBN 0-408-71715-7].

‘English translation of the Mt Gox judgment on the legal status of bitcoin prepared by the Digital Assets Project’

“The Digital Assets project, run through the Commercial Law Centre at Harris Manchester College, has produced an annotated English translation of the judgment of the Tokyo District Court in August 2015 in relation to the insolvency of Mt Gox. It is a highly significant judgment, in that there are still very few judicial pronouncements anywhere […]

Geeta Shyam, ‘Is The Classification Of Animals As Property Consistent With Modern Community Attitudes?’

ABSTRACT Animals have legally been classified as property under Australian law, at least since colonialism. In recent times, however, the appropriateness of this legal status has come to be questioned. The debate between abolitionists and welfarists has become increasingly prominent; nevertheless the largely theoretical debate remains confined to the scholarly and legal world. This article […]

Eric Kades, ‘Of Piketty and Perpetuities: Dynastic Wealth in the Twenty-First Century (and Beyond)’

ABSTRACT For the first time since independence, in a nation founded in large part on the rejection of a fixed nobility determined by birth and perpetuated by inheritance, America is paving the way for the creation of dynastic family wealth. Abolition of the Rule Against Perpetuities in over half the states along with sharp reductions […]