Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature.
Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property.
Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.
Edited by Kenneth Ayotte, Professor of Law, University of California, Berkeley, US and Henry E. Smith, Fessenden Professor of Law, Harvard Law School, US
Contents: Introduction Henry E. Smith 1. Property Rights, Land Settlement and Land Conflict on Frontiers: Evidence from Australia, Brazil and the US Lee J. Alston, Edwyna Harris and Bernardo Mueller 2. Commons, Anticommons, Semicommons Lee Anne Fennell 3. The Anticommons Lexicon Michael A. Heller 4. Private Property and Public Rights Thomas W. Merrill 5. Toward an Economic Theory of Property in Information Henry E. Smith 6. Unilateral Relinquishment of Property Lior Jacob Strahilevitz 7. Standardization in Property Law Henry E. Smith 8. Covenant Lite Lending, Liquidity, and Standardization of Financial Contracts Kenneth Ayotte and Patrick Bolton 9. The Personification and Property of Legal Entities George Triantis 10. Bankruptcy as Property Law Barry E. Adler 11. The Law and Economics of Marital Property Martin Zelder 12. Property Titling and Conveyancing Benito Arrunada 13. Land Demarcation Systems Gary D. Libecap and Dean Lueck 14. Servitudes Carol M. Rose 15. The Economics of Nuisance Law Keith N. Hylton 16. Acquiring Land Through Eminent Domain: Justifications, Limitations, and Alternatives Daniel B. Kelly 17. The Rest of Michelman 1967 William A. Fischel Index