‘“Property” as a Dynamic Technology, and Its Consequences’

Lee Anne Fennell, Property Beyond Exclusion, 61 William and Mary Law Review (forthcoming 2019), available at SSRN. While the layperson tends to think of ‘property’ in terms of things, modern legal discourse tends to conceive of property as a ‘bundle of sticks’, ie, a collection of rights with respect to land, or to tangible and intangible objects. In her new article Property Beyond Exclusion, University of Chicago law professor Lee Anne Fennell has a different take. Fennell focuses not so much on any specific contents of the bundle; rather, her focus is on the changes in their nature. Professor Fennell’s thesis in Property Beyond Exclusion is that rights generally associated with landed property increasingly should not be structured around physical boundaries. While physical demarcation of parcels of land remains our ‘workhorse strategy’, it is ‘becoming less efficacious and more costly’ (P 3) … (more)

[Steve Eagle, JOTWELL, 20 May]

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