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The Right To Exclude In The Shadow Of The Cathedral: A Response To Parchomovsky And Stein, Eric R. Claeys
The Right To Exclude In The Shadow Of The Cathedral: A Response To Parchomovsky And Stein, Eric R. Claeys
NULR Online
Reconceptualizing Trespass, by Professors Gideon Parchomovsky and Alex Stein, falls in the genre of law and economics scholarship inspired by Guido Calabresi and A. Douglas Melamed’s classic article, One View of the Cathedral (“the Cathedral”). Reconceptualizing Trespass argues that, in property torts, scholarship under the Cathedral has focused too much on damage awards with the features of Cathedral liability rules, and too little on damage awards that have the features of Cathedral property rules. Ideally, the authors argue, property rule damages should award owners approximations of their subjective values over their property; as a second-best substitute, such damages …