ABSTRACT
Isaac Newton and Albert Einstein defined and redefined the field of physics. Their theoretical work on gravity is still considered a monumental discovery of their respective time. And although born centuries apart, the theory of gravity each advanced is still relevant. Newton’s gravity is applied on Earth and even throughout much of the solar system, while Einstein’s theory is used in special environments, such as near black holes. Neither theory is discarded, but instead used where appropriate. Gravitational property theory proposes that simple property theory – the ad coelum doctrine – is still appropriate for simple property, like stationary or vertical objects. Complex property theory, like the rule of capture; the extralateral right; or the prior appropriation doctrine, is appropriate for complex property, such as migratory, transboundary, and hidden resources. The characteristics of the property determine the optimal theory of legal ownership …
Ehrman, Monika, Gravitational Property Theory (March 5, 2024), SMU Dedman School of Law Legal Studies Research Paper Forthcoming.
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