Category Archives: Property
‘The Real Housewife of William Blackstone’
Julia Rudolph, ‘William Blackstone, Family Man: New Contexts in Gender, Jurisprudence, and Jamaica’, Law & History Review 1 (2026). William Blackstone is, of course, an omnipresent name for law students and law professors alike. At least once a week during the semester, I teach a Supreme Court opinion that cites the eighteenth-century English jurist’s writings […]
Ágnes Juhász, ‘Intersections of technology and family law: challenges of digital assets in the matrimonial property’
ABSTRACT This study examines the issues that arise from the inclusion of digital assets in matrimonial property law. The primary focus of this study is on European trends, with a particular emphasis on the matrimonial property regimes in place in various European countries. Additionally, the extent to which spouses can deviate from these provisions will […]
Aaron Salomon, ‘Moral Duties and Imperfect Social Norms’
ABSTRACT An influential and troubling objection to contractualism and rule consequentialism is that they cannot account for the fact that sometimes actual, imperfect social practices – such as, for example, our property conventions – can determine what we are morally required to do. My main aim in this paper is to argue that this objection […]
Michael Lewyn, ‘How To Teach Land Use in a Property Course’
ABSTRACT Property textbooks often give very limited coverage to zoning and land use issues. Because I think zoning is an important area of practice, I want my students to know a little more about the basics of zoning than they can get from the textbook; this summarizes what I think is important and what cases […]
Call for Papers: Association for Law, Property & Society (ALPS) Annual Meeting, Cardiff School of Law and Politics, 27-30 May 2027
ALPS annual meetings include participants representing numerous countries and working in common law, civil law, Indigenous laws, international law, transnational law, and mixed legal traditions. Presentation submissions on any subject related to property law and the practices that shape property norms and institutions are welcome. Possible organizing themes include, but are not limited to: … […]
‘Who owns your crypto?’
When crypto exchange ‘Knaken’ was declared bankrupt this summer, its many clients faced an uncomfortable question: did they ever actually own the crypto-assets they invested in? The answer to this question is of crucial importance when it comes to their position in the insolvency proceedings. Are they owners with a claim to specific assets, or […]
Jeffrey Mann, ‘The Leasehold World’
ABSTRACT The ideal of American fee simple property rests on a popular misconception. Many Americans often think of fee simple property in terms of absolute ownership. In reality, however, fee simple title has many similar features of a ‘public’ leasehold in practice, which has significant implications for understanding the relationship of private property ‘owners’ to […]
‘Digital Assets as “Third Things”: What Yuen v Li Leaves Unresolved’
Yuen v Li [2026] EWHC 532 (KB) (‘Yuen’) is the first English decision to consider digital ssets after the enactment of the Property (Digital Assets etc) Act 2025. The case is important not because it confirms that digital assets may be property – English courts had already been moving in that direction – but because […]
Yun-chien Chang, ‘Theory of Relativity of Title’
ABSTRACT This Article challenges the conventional narrative that sharply distinguishes civil-law and common-law property systems – characterizing the former by absolute dominion and the latter by relativity of title. Drawing on a uniquely hand-coded dataset covering property law in 214 jurisdictions worldwide, the Article demonstrates that this dichotomy is both overly simplistic and, in many […]
Sam Bannister, ‘Public policy and the Forfeiture Act 1982: assisted suicide, mercy killings and domestic abuse’
ABSTRACT Examines judicial approaches to litigation under the Forfeiture Act 1982 in three policy contexts: assisted suicide, mercy killings and victims of domestic abuse killing their abuser. Considers prima facie application of the forfeiture rule to all unlawful killers and the bar to granting relief for those convicted of murder. € (Westlaw) Sam Bannister, ‘Public […]