K-Sue Park, ‘The History Wars and Property Law: Conquest and Slavery as Foundational to the Field’, 131 Yale Law Journal (forthcoming), available at SSRN. In the most powerful and important article I have read in years, ‘The History Wars and Property Law: Conquest and Slavery as Foundational to the Field’, Professor K-Sue Park blows the cover off American property law to show the central role played by historic expropriation and commodification of Native lands and Black persons. Conquest of land and enslavement of people make up a small or nonexistent part of most first-year property law courses. But without these two organizing principles, the property course in US law schools seems disjointed and oddly Anglicized. Professor Park explains this lack of cohesion as resulting from persistent erasure of two of US property law’s most foundational aspects: conquest and slavery …” (more)
[Andrea Boyack, JOTWELL, 24 February]
First posted 2022-02-24 17:00:05
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