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Property Law and Real Estate

Articles in Law Reviews & Other Academic Journals

Series

2015

Articles 1 - 2 of 2

Full-Text Articles in Law

Political Possibilities Of Reparations, Ezra Rosser Jan 2015

Political Possibilities Of Reparations, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This essay is a brief response to Gregory Alexander's article, published by Law and Social Inquiry, that generally argues against land reparations for past wrongs. This response argues that there are political reasons to leave land reparations on the table, focusing on the claims of Native American tribes.


Destabilizing Property, Ezra Rosser Jan 2015

Destabilizing Property, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

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 …