Category Archives: Land use and Environment

John Lovett, ‘Yaëll Emerich, Conceptualising Property Law: Integrating Common Law and Civil Law Traditions

Conceptualising Property Law: Integrating Common Law and Civil Law Traditions, by Yaëll Emerich, Elgar, 2018, ISBN 978-1-78811-183-6, 352 pp, £22/$31. In her newly published book, Conceptualising Property Law: Integrating Common Law and Civil Law Traditions, Yaëll Emerich explores the evolution and current status of property law in the civil and common law. The predominant theme […]

Babie, Leadbeter and Nikias, ‘Property, Unbundled Water Entitlements, and Anticommons Tragedies: A Cautionary Tale From Australia’

ABSTRACT As water becomes an increasingly scarce resource, a lack of clarity in relation to its use can produce both conflict among and inefficient use by users. In order to encourage markets in water and to ensure the viability and functionality of those markets, governments in many jurisdictions have moved away from commons property as […]

‘Case note – Fearn and Others v The Board of Trustees of the Tate Gallery

“The Neo Bankside development is a striking modern development designed by Richard Rogers and Partners (now Rogers Stirk Harbour + Partners). It is on the south side of the River Thames and is adjacent to the Tate Modern, Britain’s National gallery of international modern art, which is based in the former Bankside Power Station …” […]

Spitz and Penalver, ‘Nature’s Personhood and Property’s Virtues’

ABSTRACT In The Colorado River Ecosystem v State of Colorado, plaintiff asked a federal district court to find that the Colorado River ecosystem is a legal person, arguing that, ‘[t]he dominance of a culture that defines nature as property enables its destruction’. Plaintiff’s principal claim rested on the assumption that legal personality could do something […]

Murphy, Schuler and Wooten, ‘Have Coase – Will Travel: New Ways to Teach Coase Using Old Media’

ABSTRACT Bitter Wine was the 23rd episode of the premiere season of the Emmy-nominated Western, Have Gun – Will Travel. Gun-for-hire Paladin settles an externality issue between a small scale vintner and neighboring oilman a la Coase, but two years before Coase’s seminal paper. This 1958 episode acutely portrays the Coasian solution often taught in […]

Call for Papers: Private Rights for Nature: Amsterdam Center for Transformative Private Law, 4-5 June 2020

The traditional civil codes distinguish between the law of persons and the law of things. This demarcation is however under pressure owing to the emerging transnational movement called rights of nature or earth jurisprudence. Around the world, natural entities that long would have been regarded as things – animals, but also rivers, for example, and […]

Laura Burgers, ‘Should Judges Make Climate Change Law?’

ABSTRACT What scholars referred to as a climate change litigation ‘explosion’ in 2015 has today become an established movement which is unlikely to stop in the near future: worldwide, over a thousand lawsuits have been launched regarding responsibility for the dangers of climate change. Since the beginning of this trend in transnational climate litigation scholars […]

‘The Roman public trust doctrine’

“I’ve often expressed impatience with the throwaway references to Justinian (often misconstrued as an adjective!) that are so ubiquitous in discussions of the public trust doctrine. Now comes Bruce Frier’s review of Domenico Dursi’s Res Communes Omnium. Dalle necessità economiche alla disciplina giuridica (Jovene, 2017) to make some order for those of us for whom […]

‘Hartog on property in land and water’

“As part of his stint as a guest blogger at Legal History Blog, Dirk Hartog recently blogged about his own early work on waterfront development in New York City and his encounter with Debjani Bhattacharyya’s Empire and Ecology in the Bengal Delta: The Making of Calcutta. Some excerpts, followed by a quibble of mine …” […]

Steven Czak, ‘Public Nuisance Claims After ConAgra

ABSTRACT This Note examines the continuing harms of lead-based paint and attempts by cities and states to hold manufacturers and distributors liable for abatement under the public nuisance doctrine. Such suits have stretched traditional conceptions of public nuisance, particularly on the threshold issue of whether pervasive lead paint in residences infringes on a common right […]