William and Mary Law School

Brigham-Kanner Property Rights Conference Journal

Begun in 2011 with our first International Property Rights Conference in China, the Brigham-Kanner Property Rights Conference Journal is published annually in both electronic and print format. The Conference Journal contains the proceedings of the Conference, as well as non-conference articles selected for publication. Through the Conference Journal, the Property Rights Project ensures that the proceedings of the Conference and any accompanying articles are preserved and made available on its website for all interested parties.

Volume 2: Interdisciplinary Perspectives on Property

October 11-12, 2012

 
Board of Advisors and Journal Staff

Table of Contents

 

Stone-Age Property in Domestic Animals: An Essay for Jim Krier

ROBERT C. ELLICKSON

As befits this Festschrift, I start my essay with a tribute to Jim Krier’s scholarly contributions. I then turn my focus to Evolutionary Theory and the Origin of Property Rights, an article in which Jim insightfully speculates about the property rights that prehistoric hunter-gatherers would have recognized. (read more)

2 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 1 (2013)

Evolution and Environment in the Property Scholarship of James Krier

CAROL M. ROSE

I have known Jim Krier since I started teaching law in 1978. We were both at Stanford at the time, and we were both new there too, but unlike me, Jim was already a tenured professor, coming in from UCLA. (read more)

2 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 27 (2013)

Public Employees and the Curious Mini-revival of Contract Clause Jurisprudence

JAMES W. ELY, JR.

For decades the Contract Clause of the federal Constitution, once a muscular vehicle for judicial review of state legislation, has languished in the constitutional backwater. The Supreme Court has not invoked the provision in more than 30 years, although lower federal courts occasionally apply the clause to invalidate state laws. (read more)

 2 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 37 (2013)

On the Use and Abuse of Overflight Column Doctrine

ERIC R. CLAEYS

In contemporary debates about property and intellectual property (“IP”), one often hears a tale that goes like this: Once upon a time, the common law declared air to be private property, in columns appurtenant to the land directly beneath the columns. This doctrine was an application of a maxim I call here the “ad coelum maxim.” “Ad coelum” is short for “cuius est solum, eius usque ad coelum et ad inferos”: “To him to whom the soil belongs belongs also to heaven and to the depths.”  (read more)

 2 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 61 (2013)

Affirmative Constitutional Commitments: The State’s Obligations to Property Owners

CHRISTOPHER SERKIN

The United States Constitution enshrines primarily negative liberties. It conveys rights to be free from government interference, but in its core provisions does little or nothing to create affirmative duties for the government.  (read more)

2 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 109 (2013)

Moral Obligations of Landowners: An Examination of Doctrine

STEWART E. STERK

Efficiency concerns generally take center stage in modern discussions of property’s institutional foundations. But property’s moral dimension has a far longer pedigree.  (read more)

2 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 135 (2013)