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Articles 1 - 15 of 15
Full-Text Articles in Legal History
Pluralism And Property, Gregory S. Alexander
Pluralism And Property, Gregory S. Alexander
Cornell Law Faculty Publications
Welfarism is no longer the only game in the town of property theory. In the last several years a number of property scholars have begun developing various versions of a general vision of property and ownership that, although consistent with welfarism in some respects, purports to provide an alternative to the still-dominant welfarist account. This alternative proceeds under different labels, including “virtue theory” and “progressive,” but for convenience purposes let us call them collectively “social obligation” theories. For what they have in common is a desire to correct the common but mistaken notion that ownership is solely about rights. These …
Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford
Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford
Cornell Law School J.D. Student Research Papers
This article reviews Max Weber’s scholarly work pertaining to property, beginning with his first dissertation and ending with the compilation that is Economy and Society. Three phases of Weber’s work are described in detail: a legal phase, an economic-historical phase, and a sociological phase. It is argued that the sociological phase represents the culmination of the two prior phases, drawing on material and arguments from those earlier phases. In the sociological phase of his writing, it is argued that Weber developed a theory of property that is capable of accounting for that phenomenon in all of its dimensions: structural, material, …
Michelman As Doctrinalist, Gregory S. Alexander
Reconstructing Richard Epstein, Eduardo M. Peñalver
Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo M. Peñalver
Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo M. Peñalver
Cornell Law Faculty Publications
Property As Entrance, Eduardo M. Peñalver
Property As Legal Knowledge: Means And Ends, Annelise Riles
Property As Legal Knowledge: Means And Ends, Annelise Riles
Cornell Law Faculty Publications
This article takes anthropologists’ renewed interest in property theory as an opportunity to consider legal theory-making as an ethnographic subject in its own right. My focus is on one particular construct – the instrument, or relation of means to ends, that animates both legal and anthropological theories about property. An analysis of the workings of this construct leads to the conclusion that rather than critique the ends of legal knowledge, the anthropology of property should devote itself to articulating its own means.
Is Land Special? The Unjustified Preference For Landownership In Regulatory Takings Law, Eduardo M. Peñalver
Is Land Special? The Unjustified Preference For Landownership In Regulatory Takings Law, Eduardo M. Peñalver
Cornell Law Faculty Publications
This article critiques the Court's attempt to cabin the Lucas "per se" takings rule by limiting it to real property. It argues that the distinction between real and personal property cannot be justified by history or the differing expectations of property owners. It then applies five theoretical frameworks (libertarian, personhood, utilitarian, public choice, and Thomistic-Aristotelian natural law) and finds that none of them supports the jurisprudential distinction between real and personal property. As a result, the article argues that "because the distinction between personal and real property is an unprincipled one, it cannot save the Court from the unpalatable implications …
Comparing The Two Legal Realisms—American And Scandinavian, Gregory S. Alexander
Comparing The Two Legal Realisms—American And Scandinavian, Gregory S. Alexander
Cornell Law Faculty Publications
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Property As Propriety, Gregory S. Alexander
Two- And Three-Dimensional Property Rights, Emily Sherwin
Two- And Three-Dimensional Property Rights, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab
Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab
Cornell Law Faculty Publications
Ronald Coase's essay on "The Problem of Social Cost" introduced the world to transaction costs, and the introduction laid the foundation for an ongoing cottage industry in law and economics. And of all the law-and-economics scholarship built on Coase's insights, perhaps the most widely known and influential contribution has been Calabresi and Melamed's discussion of what they called "property rules" and "liability rules." Those rules and the methodology behind them are our subjects here.
We have a number of objectives, the most basic of which is to provide a much needed primer for those students, scholars, and lawyers who are …
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Cornell Law Faculty Publications
We are a society of groups. De Tocqueville's observation that the principle of association shapes American society remains as valid today as it was in the mid-nineteenth century. For us, as for others, the vita activa is participation in a seemingly limitless variety of groups. The importance of group activity in our national character has strongly influenced the agenda of political questions that recur in American political and legal theory. One of the fundamental normative questions on this agenda concerns the proper relationship between groups and the polity. To what extent should the polity foster connections between associations and the …
The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander
The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander
Cornell Law Faculty Publications
In recent academic writing on the general problem of constitutional protection of property under the takings clause and due process clauses, a mode of analysis has emerged that is evidently different from the conventional analysis of constitutional property claims. In general terms, this new mode is characterized by an effort to analyze claims on an openly teleological and systematic basis. To be sure, this mode is not exclusively of recent origin. But it is a discernible trend in the body of scholarship that discusses constitutional protection of property in the context of previously unfamiliar sorts of private economic interests.
Most …