This paper breaks new ground toward contractual and institutional innovation in models of homeownership, equity building, and mortgage enforcement. Inspired by recent developments in the affordable housing sector and in other types of public financing schemes, this paper suggests extending...

This Article breaks new ground toward contractual and institutional innovation in models of homeownership, equity building, and mortgage enforcement. Inspired by recent developments in the affordable housing sector and other types of public financing schemes, we suggest extending institutional...

Mixed property regimes are on the rise in the United States and in many other countries throughout the world. Yet this fast-growing phenomenon currently lacks a broad-scale scholarly analysis aimed at extracting the shared theoretical principles of these intriguing property configurations. This...

Much scholarly attention has been paid recently to the optimal design of legal norms as constituting either clear-cut “rules” or open-ended “standards.” The reemergence of formalist thought across schools and ideologies calling to reinforce a more rule-based regime in various legal...

Property is a powerful concept. It features prominently in academic and public discourse. But it is also a source of ongoing confusion. While some of this disarray may be attributed to the success of “disintegrative” normative agendas, much of it is the result of a methodological and...

Public discourse in Israel is taking a somewhat surprising turn in its vacillation between individualism and collectivism. While mainstream public opinion in the 1980s and 1990s pointed to the failures of common- and public-property regimes, elected officials, entrepreneurs, and consumers are...

The right to property is probably the oldest real right, much before concepts such as “right” or “real” (as opposed to “personal”) were outlined. It has often been regarded as a “natural” right, derived from nature. Therefore, controversies on property are certainly as old as...

Is land becoming a global commodity? Who are the actors shaping such a cross-border market for real estate and who remains excluded from participating in it? Which types of interrelations do local and supranational legal systems have in ordering property rights and other legal interests in what...

The chief goal of private law is to guide and facilitate interpersonal conduct. In fields such as contracts, property, and corporate governance, lawmakers have an essential normative role of envisioning ideal types of collective action and designing legal and organizational mechanisms that will...

The centennial of the 1916 New York City Ordinance and creation of zoning in the United States provides an exceptional opportunity to reconsider the regulatory and legal basis upon which the key governmental power of zoning is founded. The motive to control the various market externalities...