Comparative and Foreign Law Commons^™

Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander

Cornell Law Faculty Publications

No abstract provided.

Comparing The Two Legal Realisms—American And Scandinavian, Gregory S. Alexander

Cornell Law Faculty Publications

The Publicness Of Private Land Use Controls, Gregory S. Alexander

Cornell Law Faculty Publications

Real burdens, or land-use "servitudes" as they are called in the United States, are usually thought of as strictly private legal devices. Yet in many countries, including the United States, they serve public functions. They are used to constitute residential community associations. These institutions differ from traditional civil society institutions in that they are designed to provide public goods in much the same way as cities do. Generally, they allocate public goods more efficiently than do local governments, which are unable to respond to differences in preferences for various goods and services within given political boundaries. At the same time, …