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Social Welfare Law

Ezra Rosser

Property Law

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Full-Text Articles in Law

Destabilizing Property Conn. L. Rev. 2015 [Rosser].Pdf, Ezra Rosser Dec 2014

Destabilizing Property Conn. L. Rev. 2015 [Rosser].Pdf, Ezra Rosser

Ezra Rosser

Property theory has entered into uncertain times. Conservative and progressive scholars are, it seems, fiercely contesting everything, from what is at the core of property to what obligations owners owe society. Fundamentally, the debate is about whether property law works. Conservatives believe that property law works. Progressives believe property law could and should work, though it needs to be made more inclusive. While there have been numerous responses to the conservative emphasis on exclusion, this Article begins by addressing a related line of argument, the recent attacks information theorists have made on the bundle of rights conception of property. This …

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The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser Jan 2013

The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser

Ezra Rosser

The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …

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Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser Jan 2008

Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser

Ezra Rosser

This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property owners are harmed by Indian acquisition and control of land. Accepting for the moment the Court's prioritization of a non-Indian perspective, the article explores (a) what lies behind non-Indian resistance to Indian land ownership, and (b) whether in fact non-Indians are harmed by proximity to Indian land. The article combines in its analysis core property law concepts with an empirical examination of the changes over time in assessed land value of …

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