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 →
2012
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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 →
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Redistricting and the Territorial Community
As the current redistricting cycle unfolds, the courts are stuck in limbo. The Supreme Court has held unanimously that political… Continue reading →
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Strict Liability and Negligence in Property Theory
Property theorists typically conceptualize property as a strict liability regime. Blackstone characterized property as “that sole and despotic dominion which… Continue reading →
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Sentencing: A Role for Empathy
Is empathy an important trait for a judge? Is there a role for empathy in the law? What about the… Continue reading →
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Absolute Preferences and Relative Preferences in Property Law
The dominant form of legal discourse in contemporary America is welfarist. Though there are important alternatives, welfarism also largely prevails… Continue reading →
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On Competence, Legitimacy, and Proportionality
I asked Justice Aharon Barak, then president of the Israeli Supreme Court, why he considered himself competent to decide where… Continue reading →
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Beyond Coase: Emerging Technologies and Property Theory
In 1959, Ronald Coase published his landmark paper on the Federal Communications Commission (FCC) that would forever change the study… Continue reading →