This Article identifies, justifies, and explains the parameters of a largely ignored but important category of cases - what is here called “preventive adjudication.” In this category of cases, courts offer opinions without any “command” to the parties, and these opinions are meant to...

Using a new set of indicators that measure the Property Insecurity of ethnopolitical minority groups, I find that Property Insecurity is not correlated with the Risk of Expropriation facing foreign investors and domestic elites – revealing that the aggregate measures of 'institutional quality'...

Housing of limited property rights, including so-called "small-property-rights housing" in the countryside (SLPR housing) and affordable housing program in the city (ALPR housing), is an important feature of China's housing policy. This paper presents an integrated analysis of ALPR and SLPR...

A regulação da propriedade privada pode ser considerada como a forma mais essencial de regulação. O caráter central da regulação da propriedade privada para a maioria dos sistemas jurídicos não se justifica apenas do ponto de vista acadêmico ou ideológico. Tal entendimento tem uma...

This Article considers the future interaction of environmental regulation and private property rights, with an emphasis on climate change issues. It concludes that environmental issues not satisfactorily resolved at the federal level will lead to more state and local regulation that impinges on...

This short paper written for a symposium issue of the Property Law Review on "Research Methods in Property Law," provides a concise introduction to the ways in which property rights (and duties) structure economic relations and, in turn, are influenced by economic considerations. Among the...

The public trust doctrine is an ancient doctrine of public property law that governs sovereign stewardship of natural resources. The doctrine both promote public access to trust resources and requires sovereign protection of them for the benefit of the public, including future generations. The...

This article discusses and analyzes the sources and methods used by Leon Duguit in constructing the social-obligation or social-function norm of property as set out in an influential series of lectures in Buenos Aires published in 1912. The work of Henri Hayem has been underappreciated in the...

Protecting the entitlements of some inherently requires preventing others from claiming and controlling those same resources. Yet much recent research regarding property rights and economic development treats the level of property rights security in a country as homogeneous. This one-dimensional...

We empirically quantify the sensitivity of investments to uncertain property rights by drawing upon the Northern Pacific's massive land grant and the ensuing political and legal battle that generated significant uncertainty to title. To overcome the empirical challenge that property rights and...