Private Law Theory

Daniel B Kelly, The Right to Include, 63 Emory Law Journal 857 (2014), available at SSRN. Quite often, ‘private property’ brings with it characterizations of individualism, isolation, and exclusion along with images of fences, gates, locks, boundaries, and barriers. In fact, a ‘keep out’ sign has often been identified as a symbol for the essence of private property rights and their function. Professor Daniel B Kelly reminds us that such images and characterizations miss a huge portion of the utility served by property law that fosters the capacity and motivation to hang a different sign – one that says ‘come on in’. Professor Kelly’s recent article, The Right to Include, catalogs and analyzes the range of legal options available to owners to include others in the use, possession, and enjoyment of real property … (more)

[Donald Kochan, JOTWELL, 22 January]

First posted 2016-01-22 13:30:29