Yotam Kaplan, ‘The Other View of The Cathedral’, 82 Maryland Law Review 479 (2023). If there is one article that nearly every legal scholar is familiar with, that article would have to be Guido Calabresi and A Douglas Melamed’s ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’. It was in that Article that the famous distinction between property rules (ie, entitlements that can only be purchased in voluntary transactions) and liability rules (ie, entitlements that can be infringed by simply paying the value of the entitlement as determined by a court) was first put forward. This idea has had a tremendous impact both within and outside the legal academy, its framework having been incorporated into numerous judicial opinions. When one thinks about this Article, one tends to think about law and economics, and how courts that have internalized this approach frequently employ such thinking to choose the most efficient rule when deciding how to protect entitlements in important areas of private law like contract, tort, and property law. What one ordinarily does not think about, however, is racial inequality … (more)
[Marco Jiménez, JOTWELL, 3 June 2024]
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