- •Contents
- •Exclusion and the Bundle of Rights
- •The Thing’s the Thing
- •General Justifications, General Concerns
- •Further Reading
- •First Possession
- •Discovery and Creation
- •Accession
- •Adverse Possession
- •Sequential Possession, Finders, and the Relativity of Title
- •The Mosaic of Acquisition Principles
- •Further Reading
- •The Demsetz Theory
- •Personhood
- •Inherently Public Property
- •Hybrid Resources
- •Further Reading
- •Laws for Owner Protection
- •Self-Help
- •Exceptions to the Right to Exclude
- •Necessity
- •Custom
- •Public Accommodation Laws
- •Antidiscrimination Laws
- •Owner Powers
- •Licenses
- •Bailments
- •Abandonment and Destruction
- •Transfer by Sale, Gift, and Inheritance
- •Further Reading
- •Estates and Future Interests
- •How the System Works
- •Co-Ownership
- •Marital Interests
- •Further Reading
- •Why Separate Management Authority from Other Incidents of Ownership?
- •Leasing
- •Property and Contract
- •Models of the Lease Contract
- •Implied Warranty of Habitability
- •Transferring Leasehold Interests
- •Common Interest Communities
- •Trusts
- •Further Reading
- •Land Sale Contracts
- •Title Records
- •Mortgages
- •Further Reading
- •The Coase Theorem
- •Tort Liability: Nuisance
- •Modification of Property Rights: Easements
- •Contract: Covenants Running with the Land
- •Public Regulation: Zoning
- •Further Reading
- •The General Form of the Problem
- •Sources of Forbearance
- •The Rule of Law
- •Procedural Due Process
- •Vested Rights
- •Stare Decisis
- •Waivers of Sovereign Immunity
- •Explicit Takings
- •Public Use
- •Just Compensation
- •Regulatory Takings
- •Further Reading
- •Index
258the oxford introductions to u.s. law: property
to make this shift will continue, but property’s basic architecture has proven quite resilient.
• Further Reading
Hanoch Dagan, Takings and Distributive Justice, 85 Va. L. Rev. 741 (1999) (stressing the perspective of distributive justice in takings claims).
David A. Dana & Thomas W. Merrill, Property: Takings
(2002) (providing a comprehensive survey of issues presented by the Takings Clause).
Richard A. Epstein, Takings: Private Property and the Power of Eminent Domain (1985) (arguing for expansion of takings liability to promote a minimalist state).
William A. Fischel, Regulatory Takings: Law, Economics, and Politics (1998) (reviewing important historical disputes over takings from an economics perspective).
Louis Kaplow, An Economic Analysis of Legal Transitions, 99 Harv. L. Rev. 509 (1986) (analyzing the economic significance of takings and related disputes).
Th omas W. Merrill, The Landscape of Constitutional Property, 86 Va. L. Rev. 885 (2000) (providing a review of how the concept of property is used in due process and takings contexts).
Frank I. Michelman, Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law, 80 Harv. L. Rev. 1165 (1967) (seminal article that explains and justifies takings liability from distributive justice and utilitarian perspectives).