Contemporary Property Law Scholarship: A Comment
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Daphna Lewinsohn-Zamir
In his essay The Dynamic Analytics of Property Law, Professor Michael Heller describes and criticizes the familiar, current analytical tools of property theory and calls for the adoption of a more dynamic approach. In this comment, I shall address briefly two issues discussed in Heller's paper: his suggestion that we add a fourth type of property – "anticommons property" – to the well-known "property trilogy" of private property, commons property, and state property; and his critique of the "bundle of rights" approach of the courts to the takings problem, which leads to excessive fragmentation of private property. The former issue nicely demonstrates the current tendency of scholars to argue against "too much private property." The latter illustrates the familiar, futile search of property scholars for an all-encompassing metaphor to describe and identify private property.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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- The Dynamic Analytics of Property Law
- Contemporary Property Law Scholarship: A Comment
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- Criminal Law Scholarship: Three Illusions
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Articles in the same Issue
- Article
- The Emergence of Dynamic Contract Law
- The Dynamic Analytics of Property Law
- Contemporary Property Law Scholarship: A Comment
- Correlativity, Personality, and the Emerging Consensus on Corrective Justice
- Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice
- Feminist Approaches to Tort Law
- Feminist Approaches to Tort Law Revisited - A Reply to Professor Schwartz
- Encountering the Scarlet Woman of Wall Street: Speculative Comments at the End of the Century
- Criminal Theory in the Twentieth Century
- Criminal Law Scholarship: Three Illusions
- The Challenge of Globalization to American Public Law Scholarship
- Globalization, Human Rights, and American Public Law Scholarship - A Comment on Robert Post
- Harm and Fault in Discrimination Law: The Transition from Intentional to Adverse Effect Discrimination
