The authors contend that what can legitimately be owned in a free society is only rights to physical property, not to … the value thereof. You are thus free to undermine the value of our property by underselling us, by inventing a new … substitute for our property, etc. But you cannot legitimately physically agress against our property, even if it value remains …

In Comparative and European Property law, there is a clear need for studies into the fundamental basis of the legal … systems in Europe. One part of this fundamental basis is the creation and extinction of property rights. One of the most … limited property right burdening that same right of ownership held by the same person. This possibility is not recognized in …

Essay extends Bessen and Meurer's analysis by exploring the import of their findings for legal scholarship on property … failures. Although they do not themselves articulate this point, Bessen and Meurer enrich the literature on property failures … by positing a new model for property failure: a tragedy of property. A tragedy of property is the true mirror image of …

Liberalism has determined the structure of the property law regime in Colombia. A genealogical analysis of the legal … forms of the recent past that define and regulate property provides evidence of three key periods in the creation and … consolidation of the right to property in the country. These three moments revolve around different forms of interpreting and …

how commons and anticommons analysis illuminates property law as well as property theory, shows why the analysis is novel … tragic. The commons and the anticommons, as extremes on a spectrum, illuminate the boundaries of private property. Yet … anticommons analysis helps only modestly with governmental takings of private property and the numerus clausus principle. The …

the mining ingenuity from a diverse immigrant body; but it was ultimately a unique system of property ownership flowing … mining systems and how those customary property traditions ultimately led to our current mining laws. Ultimately, it …

Property law has a boundary problem. Courts are routinely called upon to decide whether certain kinds of things can be … property law, questions like these have no justiciable answers. Because property has no conceptual essence, they maintain, its … straightforward descriptive theory of property’s boundaries. The common law of property is legitimated by its basis in the concept of …