Wednesday, March 7, 2012
Quasi-Property: Like, But Not Quite Property (Penn Law Review) on SSRN. Here's the abstract:
Quasi-property interests represent situations where the law seeks to simulate the idea of exclusion, commonly associated with property rights, through a relational liability regime. These interests focus on the nature and circumstances of the interaction in question, which are thought to merit a highly circumscribed form of exclusion. This Essay disaggregates the analytical and normative bases of quasi-property interests, examines the primary triggering events that cause courts to invoke the category, and responds to a few potential objections to the recognition of quasi-property as an independent category of interests in the law.