Add to ORKGModern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive view sees property as serving a wide range of evolving communal values that include, but are not limited to, those advanced under both the libertarian and pecuniary conceptions (property-as-society). Against this backdrop, the Article offers two contentions. First, on normative grounds, it asserts that the conception of property-as-society presents a more...
This thesis argues that within political philosophy, property rights deserve closer attention than h...
Property rights are central to debates over distributive justice. In this dissertation, I defend thr...
The means by which property organizes human behavior and social life is the subject of profound and ...
Modern regulatory takings disputes present a key battleground for competing conceptions of property....
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
Long-standing disagreements over the definition of property as a matter of legal theory present a sp...
How should we think about property and property law both descriptively and normatively? This article...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
Notwithstanding its importance, property law has eluded both a consistent definition and a unified c...
In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revi...
Richard Epstein adheres to what can fairly be called a libertarian model of law. Although he occas...
Most of us think that as a nation, the United States is and always has been very conscious of proper...
Can--or should--the American property system adapt to curb the excesses inherent in the dominant for...
The collapse of socialist regimes has revived an interest in property rights allover the world, as o...
Legal philosophers and property scholars sometimes disagree over one or more of the following: the m...
This thesis argues that within political philosophy, property rights deserve closer attention than h...
Property rights are central to debates over distributive justice. In this dissertation, I defend thr...
The means by which property organizes human behavior and social life is the subject of profound and ...
Modern regulatory takings disputes present a key battleground for competing conceptions of property....
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
Long-standing disagreements over the definition of property as a matter of legal theory present a sp...
How should we think about property and property law both descriptively and normatively? This article...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
Notwithstanding its importance, property law has eluded both a consistent definition and a unified c...
In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revi...
Richard Epstein adheres to what can fairly be called a libertarian model of law. Although he occas...
Most of us think that as a nation, the United States is and always has been very conscious of proper...
Can--or should--the American property system adapt to curb the excesses inherent in the dominant for...
The collapse of socialist regimes has revived an interest in property rights allover the world, as o...
Legal philosophers and property scholars sometimes disagree over one or more of the following: the m...
This thesis argues that within political philosophy, property rights deserve closer attention than h...
Property rights are central to debates over distributive justice. In this dissertation, I defend thr...
The means by which property organizes human behavior and social life is the subject of profound and ...