Private Law Theory

James W Ely, Jr, Buchanan and the Right to Acquire Property, Cumberland Law Review (forthcoming), available at SSRN. Can property rights really exist if we do not have a right to acquire property? When we hear about debates over property rights, they are often about the claims of people who already own property. The focus is on how owners can use property and what regulations the state can place on the use of one’s property. We often lose sight of perhaps a more fundamental set of questions about how we protect, facilitate, and pave the way for earning the means for the acquisition of property … (more)

[Donald Kochan, JOTWELL, 27 July]

First posted 2018-07-27 17:44:10