Judicial Recusal and the Court
Later this month, all nine justices will be hearing oral argument on the constitutionality of the Patient Protection and Affordable… Continue reading →
2012
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America Invents, More or Less?
In September 2011, President Obama signed the most significant patent law overhaul in decades, the America Invents Act. The central… Continue reading →
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Climate Change and the Courts
In Climate Change and the Courts, Professors Jason S. Johnston and Heidi M. Hurd debate whether there should be a… Continue reading →
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Quasi-Property: Like, But Not Quite Property
Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property… Continue reading →
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The Case for Imperfect Enforcement of Property Rights
There is nothing so uncontestable as the incentive of an owner to safeguard her belongings. Yet property law contains various… Continue reading →
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Lumpy Property
A bridge stretching only three-quarters of the distance across a chasm is useless, while a bridge that is longer than… Continue reading →
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Managing the Urban Commons
Over the past several decades, discussions about the appropriate tools of commons management have played out in a particularly illuminating… Continue reading →
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Governing Through Owners: How and Why Formal Private Property Rights Enhance State Power
In recent years, many Western governments and organizations have pressed developing nations to build robust private property institutions and have… Continue reading →
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The Property Strategy
My objective in this Article is to offer a description of property as an institution for organizing the use of… Continue reading →
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On the Economy of Concepts In Property
Concepts help economize on information. Conventional wisdom correctly associates conceptualism with formalism but misunderstands the role concepts play in law.… Continue reading →