I was thrilled when I discovered Property’s Edges, a recent article by David Dana and Nadav Shoked, who are both at Northwestern University School of Law. Their article sets up an extremely helpful framework to think about boundaries, borders, and the liminal spaces in between purely public and purely private. Specifically, Dana and Shoked suggest that property law distinguishes the borders of an asset from its center. Thus, we have (or should have) weaker rights of ownership in the edges of an asset, which are close to its boundary with private property, than we do at its core
This Article builds on the literature generated by Calabresi and Melamed’s framework for protecting ...
Property laws have far-reaching implications for the way people live and the opportunities they and ...
Private property is a rather elusive concept. Any kid knows what it means for something to be mine o...
I was thrilled when I discovered Property’s Edges, a recent article by David Dana and Nadav Shoked, ...
Property law thinking normally assumes that the protection afforded an owner does not vary in intens...
If your house and fields are worth more separately, divide them; if you want to leave a ring to your...
This article argues that despite its seeming disintegration, property is more vibrant than ever — it...
In this Article, we demonstrate that every property question invariably involves three distinct dime...
Property theorists commonly suppose that property has as its ends certain private values, such as in...
This article is a story about boundaries and exclusion and about how - or whether - there is a commu...
The public trust doctrine is often accused of undermining property rights, when in fact the doctrine...
How should we think about property and property law both descriptively and normatively? This article...
What law applies to real property? At one time the answer to this question was simple: the law of th...
As open space comes under increasing development pressure, existing-use zoning provides a direct and...
Property rights have long been associated with a simple and distinctive technology: exclusion. But t...
This Article builds on the literature generated by Calabresi and Melamed’s framework for protecting ...
Property laws have far-reaching implications for the way people live and the opportunities they and ...
Private property is a rather elusive concept. Any kid knows what it means for something to be mine o...
I was thrilled when I discovered Property’s Edges, a recent article by David Dana and Nadav Shoked, ...
Property law thinking normally assumes that the protection afforded an owner does not vary in intens...
If your house and fields are worth more separately, divide them; if you want to leave a ring to your...
This article argues that despite its seeming disintegration, property is more vibrant than ever — it...
In this Article, we demonstrate that every property question invariably involves three distinct dime...
Property theorists commonly suppose that property has as its ends certain private values, such as in...
This article is a story about boundaries and exclusion and about how - or whether - there is a commu...
The public trust doctrine is often accused of undermining property rights, when in fact the doctrine...
How should we think about property and property law both descriptively and normatively? This article...
What law applies to real property? At one time the answer to this question was simple: the law of th...
As open space comes under increasing development pressure, existing-use zoning provides a direct and...
Property rights have long been associated with a simple and distinctive technology: exclusion. But t...
This Article builds on the literature generated by Calabresi and Melamed’s framework for protecting ...
Property laws have far-reaching implications for the way people live and the opportunities they and ...
Private property is a rather elusive concept. Any kid knows what it means for something to be mine o...