This Article addresses the question of whether cultural property laws, which require archaeological artifacts to remain in countries of origin, have been a boon for nations with extensive archaeological records, as most archaeologists and lawmakers presume, or have hampered archaeological...

There is a large body of research in economics and law suggesting that the legal origins of a country—that is, whether its legal regime is based on English common law or French, German, or Nordic civil law—profoundly impacts a range of outcomes. However, the exact relationship between legal...

Gender equality is essential for the achievement of human rights for all. Women are entitled to live with dignity and must enjoy the rights to equal protection by the law. The Judiciary remain the guardian of human rights and freedoms. The paper analyses the enforcement, by the judiciary, the...

This essay reflect comments made at the 2015 Property Section meeting at the Annual Meeting of the Association of American Law Schools. Considering that, properly conceived, property law creates frameworks and constitutes the infrastructure within which the allocation of valued resources takes...

This article analyzes alternative rules for settling conflicts between right owner and a bona fide purchaser. The optimal rule, so it is argued, is the one which maximizes the expected value of the ownership right, given the risk of right violation. In order to maximize this value, one must seek...

This paper analyzes alternative rules for settling conflicts between right owner and a bona-fide purchaser. The optimal rule, so it is argued, is the one which maximizes the expected value of the ownership right, given the risk of right-violation. In order to maximize this value, one must seek...

Our analysis focuses on a situation where a landowner and the government invest prior to the government's taking decision. When the government suffers from budgetary "fiscal illusion", optimal compensation amounts to the hypothetical value of the landowner's property had she invested...

Our analysis focuses on a situation where a landowner and the government invest prior to the government's taking decision. When the government suffers from budgetary "fiscal illusion," optimal compensation amounts to the hypothetical value of the landowner's property had she invested...

This short paper written for a symposium issue of the Property Law Review on "Research Methods in Property Law," provides a concise introduction to the ways in which property rights (and duties) structure economic relations and, in turn, are influenced by economic considerations. Among the...

This Comment responds to an article by Professor Henry Smith, “Property as the Law of Things,” forthcoming in a symposium sponsored by the Harvard Law Review on “The New Private Law Theory.” In his lead Article, Professor Smith critiques what he calls the “bundle” picture of...