Rachel Sachs, ‘Judge Posner’s Reconstruction of Property Theory’

… Part I of this Essay considers the substantial impact Judge Posner’s scholarship and philosophy have had on the field of property law today. The overall impact on modern property law of Judge Posner’s scholarly writings and of the law-and-economics movement more generally has been significant. Part II goes on to investigate why Judge Posner’s judicial opinions have made a relatively small contribution to the field of property law when compared with the impact of his scholarship and the much more significant impact of his judicial opinions on other fields of law, such as antitrust, contracts, or torts. Although no single explanation is wholly satisfying, together a set of structural considerations about property law teaching and doctrine may gesture at an answer. This Essay, in Part III, goes on to consider what the juxtaposition between Judge Posner’s scholarship and case law might tell us about modern property law as a whole. Finally, Part IV closes by nominating recent property law opinions from Judge Posner that may merit inclusion in a new, reconstructed property law course.

Sachs, Rachel E, Judge Posner’s Reconstruction of Property Theory, University of Chicago Law Review: volume 86 : issue 9, article 2 (2019).

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