Category Archives: Property

‘The Recognition of a Substantive English Public Law through the Privileged Legal Treatment of Public Assets’

“Against the backdrop of French public law with its separate administrative and ordinary courts, French lawyers often assume that English law does not have a system of public law, nor a system of public property. This is inaccurate. Starting with the imposition of a feudal structure of property by William the Conqueror in the 11th […]

Gary Spitko, ‘Integrated Nonmarital Property Rights’

ABSTRACT Nonmarital cohabitation has become a mainstream family structure in the United States. Yet, despite the increasing prevalence of nonmarital cohabitants, American family property law generally fails to support nonmarital couples. This inequality under the law disproportionately disadvantages persons of color, those with relatively less education, and couples with relatively fewer economic resources. This Article […]

Mariusz Załucki, ‘Solving the “Problem” of Wills Formalities in the Modern Post-Pandemic Society: Can the Endless Discussion Conclude?’

ABSTRACT The last will as an instrument of succession law is one of the means of disposing property upon death. Around the world particular legal regulations of American, Australian, European or other countries generally provide for different specific formal requirements for the valid preparation of will. The inappropriateness of this kind of solutions was shown, […]

‘Rethinking the Fee Simple in Rural America’

Jessica A Shoemaker, ‘Fee Simple Failures: Rural Landscapes and Race’, 120 Michigan Law Review 1695 (2021). Newly released census data reveals that our rural places continue to shrink. The recent Intergovernmental Panel on Climate Change (IPCC) report cements that climate change is widespread and intensifying. The pandemic has hit hard in rural places, with outbreaks […]

John Rimmer, ‘Smith and Philpott v Athol Administration Limited and others, the Milewood Purpose Trust (2021), CHP2020/93′

ABSTRACT A body of case law has now developed in relation to the well-known jurisdiction of common law courts to intervene in voluntary dispositions where they are made on the basis of a serious mistake. But what about the situation where some consideration has been given for the disposition? Does the existence of significant, or […]

Emily Ireland and Cerian Griffiths, ‘Investigations in Fraud and Finance’, online, 28 October 2021

Emily Ireland (University of Liverpool): ‘Married Women, Equity, and the South Sea Crash: An examination of femes coverts’ management of stocks and shares, 1720-40’. Despite the infamy of the 1720 South Sea Bubble, relatively little is known about its impact on female investors. In particular, married women who held and managed South Sea Company stocks […]

Kirsten Anker, ‘Land’

“Land as an object of property in systems of law with European roots may appear to have patently obvious or unremarkable qualities, and yet its characteristics are both historically and culturally contingent. In the common law, land forms the first of the two major kinds of property designated by the distinction between real and personal […]

Robert Godin, ‘Dominium’

The declining situation of planet Earth is, by all indications, becoming profound and far reaching in its many manifestations. One of the more obvious causes of this decline is climate change that is already affecting fundamental life-giving and life-sustaining components of the biosphere. The scientific evidence of the rapid degradation of the earth’s ecosystems, as […]

Low, Wan and Wu, ‘The Future of Machines: Property and Personhood’

ABSTRACT The use of tools was once believed to be a distinguishing feature of human intelligence which allowed us to deny personhood to animals, which like tools, were property rather than persons. As we get increasingly dependent on our increasingly sophisticated tools, the law will need to consider when (if ever) machines cease to be […]

‘Fair Housing for a Non-Sexist Household’

Noah M Kazis, ‘Fair Housing for a Non-Sexist City’, 134 Harvard Law Review 1684 (2021). Noah Kazis opens his new article ‘Fair Housing for a Non-Sexist City’ with an ambitious question: ‘What would a non-sexist city be like?’ (p 1684). America’s ‘built environment’, Kazis explains, is a stubbornly sexist one (p 1687). Examples abound. Women […]