Category Archives: Property

Tatiana Cutts, ‘Possessable Digital Assets’

ABSTRACT I respond here to questions within the Electronic Trade Documents (2021) Law Commission Consultation Paper No 254, and the Digital Assets call for evidence (2021). I make specific recommendations regarding the criteria for possession, and argue that there is a case for extending liability in conversion to some digital assets (those identified by the […]

Christine Klein, ‘Groundwater Exceptionalism: The Disconnect Between Law and Science’

ABSTRACT Most judges, legislators, and regulators would be hard-pressed to articulate a comprehensive legal theory of groundwater. And yet, this under-appreciated, over-used, life-sustaining resource plays an increasingly pivotal role in prominent legal controversies. In defiance of hydrologic reality, lawmakers have routinely singled out groundwater for unique treatment and decoupled it from surface water. This Article […]

Online Book Launch: Rachael Walsh, Property Rights and Social Justice, 22 July 2021 6pm

Speakers: Mr Justice Donal O’Donnell (Irish Supreme Court); Advocate General Gerard Hogan (European Court of Justice). In conversation with Professor Rachael Walsh (Assistant Professor, Trinity College Dublin). Chair: Professor Aileen Kavanagh (Professor of Constitutional Governance and Director of TriCON, Trinity College Dublin). In Property Rights and Social Justice, Rachael Walsh analyses ‘progressive property’ in action, […]

Adam MacLeod, ‘Cyber Trespass and Property Concepts’

ABSTRACT Basic property concepts can solve persistent problems in the law governing the Internet. Concepts such as bailment can solve problems of access and third-party liability, while the concept of public accommodation licenses can solve access and authorization problems. Property solutions can also transcend national boundaries as property concepts appeal to universal, practical reason. Property […]

‘Our Joy: An Inclusive Right of Enjoyment in Property and Contract Law’

Nancy Leong, ‘Enjoyed by White Citizens’, 108 Georgetown Law Journal (forthcoming, 2021), available at SSRN. I recall being confused by how the average 1L Property course treated the ‘important’ property provisions. I was struck that we spent all of our time on the 5th Amendment clause that required compensation by the government for the ‘taking’ […]

Adam MacLeod, ‘What Makes Property Liberal?’

Hanoch Dagan, A Liberal Theory of Property, Cambridge: Cambridge University Press, 2021, 319pp, pb £26.99. Hanoch Dagan is offering to help an institution that is in the midst of an identity crisis. For many centuries, property has found its identity in service to liberty. Liberty – both broadly construed as a practical ideal and in […]

Scott Atkins, ‘Trusts of the family home: it’s not just the judges who are confused’

ABSTRACT The decision of the Court of Appeal in the recent case of O’Neill v Holland was, on the one hand, a useful reminder that detrimental reliance is always part of the necessary ingredients to establish a constructive trust of the family home: ‘detrimental reliance is always part of the necessary ingredients to establish a […]

Arruñada, Fabbri and Faure, ‘Land Titling and Litigation’

ABSTRACT We study a large-scale land titling reform implemented as a randomized control-trial to isolate its causal effects on litigation. The reform consisted of demarcating land parcels, registering existing customary rights, and granting additional legal protection to rightholders. We find that, ten years after implementation, the reform doubled the likelihood of households experiencing land-related litigation, […]

‘Proprietary estoppel: Does detrimental reliance need to be incurred before the death of the promisor?’

“In Cheung Lai Mui v Cheung Wai Shing ([2021] HKEC 2263) the Court of Final Appeal had to consider whether, in proprietary estoppel cases, detrimental reliance had to be incurred before the death of the landowner who gave the assurance. If it did, they had to consider whether this requirement was satisfied in the present […]

Paul Babie, ‘Property in Indian Water: A Future Transformed by Climate’

ABSTRACT This article, which contains four parts, explores the ways in which climate change challenges the nature of property in Indian water. The first briefly recounts the ways in which control over surface freshwater is currently achieved in India. It focuses on the use of property as a concept for use in determining allocation, identifying […]