It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past. -Oliver Wendell Holmes\u27 This Article takes a critical look at the persistence of legal doctrines that prohibit or limit property rights in litigation. The Article focuses on prohibitions on assignment and maintenance. Assignment of personal injury tort claims is prohibited throughout the United States, while the assignment of other claims, such as fraud and professional malpractice, is prohibited in a large number of states. Maintenance, in which a stranger provides so...
All of us are probably familiar with the notion that the owner of mineral rights may owe some duty o...
In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. The organiz...
This thesis examines the law's response to defective transfers and other misapplications of assets a...
It is revolting to have no better reason for a rule of law than that so it was laid down in the time...
Property law scholars in the United States have discussed the doctrine of adverse possession for mor...
This article reviews Supreme Neglect: How to Revive Constitutional Protection for Private Property b...
Adverse possession is one of property law’s most central doctrines. Yet, this Article contends, the ...
A persistent theme in the literature on property rights suggests that perfect state protection of pr...
Property law, like all law, is indeterminate. This means that ownership itself is indeterminate and ...
For centuries, scholars have wrestled with seemingly intractable problems about the nature of proper...
In 1987, the Supreme Court decided three cases involving takings challenges to governmental exerci...
Litigation investment, sometimes known as litigation finance, is increasingly accepted around the wo...
In this article, I show how a coherent legal narrative must capture the revolution\u27s radical poli...
Phillips v. Washington Legal Foundation held that interest on principal amounts deposited into IOLTA...
This Article focuses on an unappreciated and significant aspect of the debate over property rules in...
All of us are probably familiar with the notion that the owner of mineral rights may owe some duty o...
In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. The organiz...
This thesis examines the law's response to defective transfers and other misapplications of assets a...
It is revolting to have no better reason for a rule of law than that so it was laid down in the time...
Property law scholars in the United States have discussed the doctrine of adverse possession for mor...
This article reviews Supreme Neglect: How to Revive Constitutional Protection for Private Property b...
Adverse possession is one of property law’s most central doctrines. Yet, this Article contends, the ...
A persistent theme in the literature on property rights suggests that perfect state protection of pr...
Property law, like all law, is indeterminate. This means that ownership itself is indeterminate and ...
For centuries, scholars have wrestled with seemingly intractable problems about the nature of proper...
In 1987, the Supreme Court decided three cases involving takings challenges to governmental exerci...
Litigation investment, sometimes known as litigation finance, is increasingly accepted around the wo...
In this article, I show how a coherent legal narrative must capture the revolution\u27s radical poli...
Phillips v. Washington Legal Foundation held that interest on principal amounts deposited into IOLTA...
This Article focuses on an unappreciated and significant aspect of the debate over property rules in...
All of us are probably familiar with the notion that the owner of mineral rights may owe some duty o...
In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. The organiz...
This thesis examines the law's response to defective transfers and other misapplications of assets a...