Articles

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The Complexities of Judicial Takings, University of Richmond Law Review (2011)

In last term’s Stop the Beach Renourishment Inc. v. Florida DEP, the Supreme Court for...

 

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The Biology of Possession, Widener Law Journal (2011)

Possession is a foundational idea in property law. Recent scholarship has suggested that respect for...

 

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Legal Questions for the Psychology of Home, Tulane Law Review (2009)

Intuitions often play a significant role in shaping debate about legal issues. This is particularly...

 

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Property and Freedom, New York University Journal of Law & Liberty (2009)

Private property is often defended on the basis that it promotes individual freedom. Discussion of...

 

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Toward a Model Law of Estates and Future Interests, Washington & Lee Law Review (2009)

The American law of estates and future interests is tremendously complex. This complexity is unjustifiable...

 

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Group Size, Heterogeneity, and Prosocial Behavior: Designing Legal Structures to Facilitate Cooperation in a Diverse Society, Cornell Journal of Law and Public Policy (2008)

Recent social science research has found that in many scenarios, increases in group size and...

 

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Natural Selection as a Mechanism, Philosophy of Science (2008)

Skipper and Millstein (2005) argued that existing conceptions of mechanisms failed to “get at” natural...

 

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Home as a Legal Concept, Santa Clara Law Review (2006)

This article, which is the first comprehensive discussion of the American legal concept of home,...

 

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At Last, Some Clarity: The Potential Long-Term Impact of Lingle v. Chevron and the Separation of Takings and Substantive Due Process, Albany Law Review (2005)

This short essay discusses the Supreme Court's recent decision in Lingle v. Chevron and its...

 
When a Certified Mail Notice of Tax Delinquency Is Returned as Undelivered, Must Governments Take Additional Steps Before Seizing Property?, Preview of United States Supreme Court Cases (2005)
 

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The Police Power and the Takings Clause, Miami Law Review (2004)

One of the more enduring puzzles in constitutional law is the problem of regulatory takings,...

 

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Defining “Property” in the Just Compensation Clause, Fordham Law Review (1995)
 

Books

Hernando De Soto and Property in a Market Economy (2010)

Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery...

 

Contributions to Books

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Homestead and Other Legal Protections of Possession of a Home, International Encyclopedia of Housing and Home (2010)

In many legal contexts, homes are given more legal protection than other types of property....

 
Berman v. Parker, 348 U.S. 26 (1954), Encyclopedia of the Supreme Court of the United States (2008)
 
Hadacheck v. Sebastian, 239 U.S. 394 (1915), Encyclopedia of the Supreme Court of the United States (2008)
 

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Nothing “Errant” About It: The Berman and Midkiff Conference Notes and How the Supreme Court Got to Kelo With Its Eyes Wide Open, Private Property, Community Development, and Eminent Domain (2008)