PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

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Thursday, December 22, 2005

Dobris on the RAP

Joel Charles Dobris (UC Davis School of Law) has posted a Comment on the Race to Repeal the Rule Against Perpetuities on SSRN.  Here's the abstract:

There has been a race to the bottom among a large minority of jurisdictions to repeal the Rule Against Perpetuities. This Comment discusses obstacles if we wish to rerun the race, at some point in the distant future, as well as some of the possible ways to bring back the Rule. The author also discusses the continued rejection of the repeal by academics. He concludes the professoriate may find it possible to live with the consequences of the race and that if the political will to bring back the Rule comes to exist, that Society will find a way to repeal the repeal.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

December 22, 2005 in Future Interests and the RAP, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, December 21, 2005

Casas-Arce and Saiz on Do Courts Matter?

Pablo Casas-Arce (University of Oxford - Department of Economics) and Albert Saiz (University of Pennsylvania - The Wharton School) have posted Do Courts Matter? Rental Markets and the Law on SSRN.  Here's the abstract:

We argue that the allocation of ownership rights will minimize enforcement costs when the legal system is inefficient. In particular, when legal enforcement is costly, there will be a shift from contractual arrangements that rely on such enforcement (such as a rental agreement) towards other forms that do not (such as direct ownership). We then test this prediction on data on the rental housing market, and show that costly enforcement of rental contracts hampers the development of such a market in a cross-section of countries. We argue that this association is not the result of reverse causation from a developed rental market to more investor-protective enforcement. The results provide supportive evidence on the importance of contract enforcement for the development of financial and other markets.

Ben Barros

[Comments are held for approval, so there may be some delay in posting]

December 21, 2005 in Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, December 20, 2005

My Book Buying Habits

From Amazon's recommendations for me:

The Death and Life of Great American Cities (Vintage) by Jane Jacobs (already have it)

Dora's Christmas DVD

Edge City : Life on the New Frontier by Joel Garreau

Takings: Private Property and the Power of Eminent Domain by Richard A. Epstein (already have it)

Blue's Clues - Classic Clues DVD

Understanding the Process of Economic Change (Princeton Economic History of the Western World) by Douglass C. North

Suburban Nation : The Rise of Sprawl and the Decline of the American Dream by Andres Duany, et al.

Dora's Storytime Collection (Dora the Explorer) by various artists

Contracting for Property Rights (Political Economy of Institutions and Decisions) by Gary D. Libecap, et al.

Rugged Riggz Construction Site Dump Truck by Little Tikes

Seems about right, though Dora has recently fallen out of favor a bit, and Maisy and Blue now reign supreme in my household.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

December 20, 2005 in Books | Permalink | Comments (0) | TrackBack (0)

Sprawl Discussion

Thanks much to Kurt Paulsen and Michael Lewyn for participating in last week's post on sprawl (here, here and here).  I hope to have some some similar discussions of other topics after the holidays.  If you have a topic you'd like to see, please let me know.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

December 20, 2005 in Land Use | Permalink | Comments (0) | TrackBack (0)

Dagan on Property and the Public Domain

Hanoch Dagan (Tel Aviv University) has posted Property and the Public Domain on SSRN.  Here's the abstract:

Friends of the public domain are typically suspicious of property-talk. Property is perceived as the foe, epitomizing the threat of a shrinking public domain. I argue that this common view both misguided and unfortunate. It is misguided because the cleavage between property discourse and a thriving public domain is largely illusory: the form, the substance, and the history of property convey lessons that are rather helpful to the goal of revitalizing a rich and vibrant public domain. It is unfortunate because the concept of property has enormous rhetorical power in shaping people's expectations and therefore in the construction of what they deem normal, obvious, and thus clearly justified. For both reasons, friends of the public domain should embrace property, rather than fight it.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

December 20, 2005 in Recent Scholarship | Permalink | Comments (0) | TrackBack (0)