In The Law and Ethics of Restitution (LER) I offered an account of the foundations of (significant parts of) the American law of restitution. I argued that this body of law can, and therefore should, be read as a contextual application of our commitments to autonomy, utility, and community in...

Traditional doctrine allows a restitution claimant to bypass the Bankruptcy Code's system of ratable distribution by asserting a constructive trust over a piece of property in the hands of the debtor if this property was wrongfully obtained from the claimant or if it has a transactional lineage...

Property: Values and Institutions, by Hanoch Dagan, offers an original understanding of property, different from the dominant voices in the field, yet loyal to the practice of property. It rejects the misleading dominant binarism in which property is either one monistic form, structured around...