This Chapter studies how tort presumes and implements theories of rights. Although most recent philosophical scholarship on tort has focused on corrective justice, by and large that scholarship takes for granted that tort corrects wrongs to substantive moral rights. The morality that generates...

The distinction between property rules and liability rules has revolutionized our understanding of many areas of law. But scholars have long assumed that this distinction has no relevance to tax law. This assumption is flatly wrong. Tax law currently uses both property rules and liability rules,...

A central challenge in securing property rights is the subversion of justice through legal skill, bribery, or physical force by the strong — the state or its powerful citizens — against the weak. We present evidence that the less educated and poorer citizens in many countries feel their...

Access to landlocked land is a universal legal entanglement, but surprisingly no law and economic scholars have systematically analyzed this issue. The doctrines in the U.S., called “easements of necessity” and “statutory easements,” are similar to those in civil-law jurisdictions, and...

This Article offers a theory of secured credit that aims to answer fundamental questions that have long percolated in the bankruptcy and secured transactions literatures. Are security interests property rights, contract rights, or something else? Why do secured creditors enjoy a priority right...