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Full-Text Articles in Law
The Fundamental Building Blocks Of Social Relations Regarding Resources: Hohfeld In Europe And Beyond, Anna Di Robilant, Talha Syed
The Fundamental Building Blocks Of Social Relations Regarding Resources: Hohfeld In Europe And Beyond, Anna Di Robilant, Talha Syed
Faculty Scholarship
In the hundred years since Hohfeld published his two “Fundamental Legal Conceptions” articles, the “bundle-of-rights” view of property associated with his work has come to enjoy the status of conventional wisdom in American legal scholarship. Seen as a corrective to lay conceptions and a predecessor “Blackstonian” view of property as the “sole and despotic dominion” of an “owner” over a thing, the central insight of Hohfeldian analysis is standardly taken to be that property is not a single “thing” but rather a “bundle of rights” with respect to things and persons. In recent years, however, this Hohfeldian view has come …
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Faculty Scholarship
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
Property, Michael A. Heller
Property, Michael A. Heller
Faculty Scholarship
This article argues that despite its seeming disintegration, property is more vibrant than ever — it is a field that has focused on understanding the formal and informal institutions by which society channels decision-making for scarce resources. Many exciting recent innovations in property theory have arisen through dialogue between US and Commonwealth scholars and legislatures. The article is organized as follows. The first part explains the focus on analytic property theory, which is posed in distinction to a jurisprudential approach. The second part introduces the familiar division of ownership into a trilogy of ideal types: private, commons, and state. The …
An Update On The Legal Chameleon: Florida's Homestead Exemption And Restrictions, Donna Litman
An Update On The Legal Chameleon: Florida's Homestead Exemption And Restrictions, Donna Litman
Faculty Scholarship
No abstract provided.