‘Reconsidering the Strength of the Boundary Line’

David A Dana and Nadav Shoked, Property’s Edges, 60 Boston College Law Review 753 (2019). I was thrilled when I discovered Property’s Edges, a recent article by David Dana and Nadav Shoked, who are both at Northwestern University School of Law. Their article sets up an extremely helpful framework to think about boundaries, borders, and the liminal spaces in between purely public and purely private. Specifically, Dana and Shoked suggest that property law distinguishes the borders of an asset from its center. Thus, we have (or should have) weaker rights of ownership in the edges of an asset, which are close to its boundary with private property, than we do at its core. They use this framework – viewing ownership on a continuum from public to private – to dismantle the prevailing belief, espoused by many lawmakers and some scholars, that private property protections are unitary across a given asset, with the boundary line serving as a hard division between private and public space … (more)

[Sarah Schindler, JOTWELL, 21 October]

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