For a sizable swath of the U.S. population, incomes and wealth are insufficient to cover life’s most basic necessities even in the most ordinary of times. A disturbingly resilient explanation for this state of affairs rests on the view that resource inequities are avoidable through...

When the police in cities that prohibit sleeping in public spaces command that people on the streets “move along,” advocacy groups for the homeless have started a campaign that pointedly asks “move along to where?” This question seeks to highlight the reality that homeless persons are...

What law applies to real property? At one time the answer to this question was simple: the law of the situs. But then the choice-of-law revolution came and legal scholars began to see reasons to depart from the situs law rule. As interest analysis and the most-significant-relationship test...

The subprime mortgage crisis was not only an economic disaster but posed challenges to traditional rules of property law. Banks helped create the crisis by marketing mortgages through unfair and deceptive practices. They induced many consumers to take out high-priced loans they could not afford...

In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revitalized property law theory by emphasizing the architectural role that property plays in private law and the ways in which modular property rights reduce information costs and promote both...

Both property and immigration are premised on exclusion yet both human rights and democratic norms require us to treat every human being with equal concern and respect. While neither sovereigns nor owners can have completely open borders, they have obligations to respect the human dignity of...

It is common to view "the free market" and "government regulation" as opposites. This way of framing policy and legal questions suggests that regulation inevitably deprives us of freedom. But another word for "regulation" is "the rule of law." The opposition of markets and regulation makes it...

What would a progressive theory of property look like? Although such a theory might take root within any number of specific normative frameworks, this Statement of Progressive Property outlines several features progressive theories of property should have in common. The Statement argues that we...

The Subprime Challenge -- Why a Free and Democratic Society Needs Law -- Why Consumer Protection Promotes the Free Market -- Why Private Property Needs a Legal Infrastructure -- Why Conservatives Like Regulation and Liberals Like Markets -- Democratic Liberty

Cover -- Contents -- 1. The Subprime Challenge -- 2. Why a Free and Democratic Society Needs Law -- 3. Why Consumer Protection Promotes the Free Market -- 4. Why Private Property Needs a Legal Infrastructure -- 5. Why Conservatives Like Regulation and Liberals Like Markets -- 6. Democratic...