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The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah S. Purdy
The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah S. Purdy
Faculty Scholarship
This Article draws on an episode of nineteenth-century American doctrinal history to develop a pluralist approach to explaining changes in property law. It addresses the question: What causes account for the development of property regimes across time? The courts' answer emerges from examination of nineteenth-century American reform of the law of waste, which governs the changes tenants may make in the estates they occupy. A line of state supreme court cases, beginning in 1810, transformed the doctrine from the strict rule of English common law to a flexible standard. Economic analysis helps to explain the change; the full story, however, …
Six Myths About Kelo: Kelo V. City Of New London, Thomas W. Merrill
Six Myths About Kelo: Kelo V. City Of New London, Thomas W. Merrill
Faculty Scholarship
Kelo v. City of New London, 125 S. Ct. 2655 (2005), is unique in the modem annals of law in terms of the negative response it has evoked. The initial reaction by lawyers familiar with the case was one of lack of surprise. Within days, however, Internet bloggers, television commentators, and neighbors talking over backyard fences decided that Keio was an outrage. Even Justice Stevens sought to distance himself from his own majority opinion, declaring in a speech to a bar association that he thought the outcome was "unwise," and that he would not have supported it if he were …