Constitutional Theory
Property is the New Privacy
The Coming Constitutional Revolution
Property
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Law & Economics
The Problem of Resource Access
Focusing on reducing transaction costs is only one half of the solution to the problem of allocating access to scarce resources.
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Harvard Law Review Forum
Property as Modularity
Responding to Henry E. Smith, Property as the Law of Things, 125 Harv. L. Rev. 1691 (2012)
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Harvard Law Review Forum
Exclusion and Private Law Theory: A Comment on Property as the Law of Things
Responding to Henry E. Smith, Property as the Law of Things, 125 Harv. L. Rev. 1691 (2012)
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Property
The Perils of Fragmentation and Reckless Innovation
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Property
Property as the Law of Things
Private law deals with the interactions of persons in society. If we think about all the effects produced by the relation between each pair of persons and then unlimited chains…
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Contract Law
Introduction: Pragmatism and Private Law
Like many legal concepts, “private law” has recognizable referents yet eludes precise definition. Private law defines the rights and duties of individuals and private entities as they relate to one…
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Contract Law
U.S. Bank National Ass’n v. Ibanez
Massachusetts Supreme Judicial Court Unanimously Voids Foreclosure Sales Because Securitization Trusts Could Not Demonstrate Clear Chains of Title to Mortgages.
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Fifth Amendment
Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection
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Property
Recent Publications
GENDER EQUALITY: DIMENSIONS OF WOMEN’S EQUAL CITIZENSHIP. Edited by Linda C. McClain and Joanna L. Grossman. New York, N.Y.: Cambridge University Press. 2009. Pp. xvi, 450. $90.00. HUMAN RIGHTS AND…