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)
Property
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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…
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Harvard Law Review Forum
The Limitations of Majoritarian Land Assembly
Responding to Michael Heller & Rick Hills, Land Assembly Districts, 121 Harv. L. Rev. 1465 (2008)
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Cyberlaw / Internet
Designing the Public Domain
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Property
Adjusting Alienability
In recent years, the right to exclude has dominated property theory, relegating alienability – another of the standard incidents of ownership – to the scholarly shadows. Law and economics has…