Demand for law professionals in the conveyancing of property is decreasing because of market and institutional changes. On the market side, many transactions feature large, well-known parties and standardized transactions, which make professionals less effective or necessary for protecting the...

The technology behind ridesharing enterprises is evolving at lightning pace, and because of that, the legal issues which arise when trying to fit these sharing enterprises into existing regulatory regimes can result in decisions that draw competing philosophies into focus. Police power hawks...

In Penn Central Transportation Co. v. City of New York the Supreme Court stated that the existence of a regulatory taking would be determined through “essentially ad hoc, factual inquiries,” and that one of three factors of “particular significance” was the economic impact of the...

This paper, prepared for a Lincoln Institute conference on "Evolution of Property Rights Related to Land and Natural Resources," and the forthcoming book Property in Land and Other Resources (D.H. Cole and E.Ostrom, eds, forthcoming 2011, Lincoln Institute), argues that, contrary to both the...

Attention has become one of the most scarce—and therefore most valuable—assets in modern economies. Humans now trade vast amounts of attention each day in exchange for an ever-growing variety of digital products and services. The global coronavirus pandemic drastically accelerated the...

Balancing the protection of private business interests against governmental regulation is one of the most significant legal frictions of the modern era. Over the course of the past twenty-eight months, this conflict has manifested itself through a federal sports gambling lawsuit involving New...

The English law of mortgage is remarkable. Its complexity rivals that of Euler's equation and could, in the same manner, be described as ‘beautiful'. Its stubborn retention of archaic terms and concepts operates in sharp contrast to the ever changing world of finance which it inhabits. Most...

This chapter considers the landmark family property decisions of the House of Lords in Pettitt v. Pettitt [1970] AC 777 and Gissing v. Gissing [1971] AC 886 through the prism of imputed common intention, an idea advanced by Lord Diplock in Pettitt and (on one view) implemented in a different...

The opinion of the Supreme Court of the United States in United States v. Windsor is express in its affirmation of the right of states to regulate family law; it affirms state power at least twenty-nine times. In repudiating the federal definition of marriage, Windsor seems to uphold state...

On May 14, 2018, the United States Supreme Court struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a quarter-century old policy that kept states from offering sports gambling and therefore, sports betting was confined almost...