Sunday, March 14, 2010
I just finished my seventh and final "property year in review" article for the Indiana Law Review. Each year, I abstract and comment on "noteworthy" decisions in Indiana property law or new statutes.
Since this year is my last article, I decided to more broadly critique the state of the common law of property in Indiana. After particularly discussing commercial leasing and commercial real estate transactions, I concluded that it is "stagnant." The most recent decisions on many key issues date to the 1980s or even the 1880s. The old cases are particularly frustrating because they invariably describe disputes over agricultural land and we try to apply them to much more sophisticated and complicated arrangements.
I tried to sum up what I see as the fundamental problem in the following paragraph:
Without the benefit of the lovely examples I discuss in the article, what do you think? Am I being overly harsh? Is the common law of property actually vibrant, dynamic, and relevant?
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