Introduction: The Story of Property Stories

PROPERTY STORIES, SECOND EDITION, Gerald Korngol & Andrew Moriss, eds., Foundation Press, 2009

NYLS Legal Studies Research Paper No. 09/10 # 10

U Illinois Law & Economics Research Paper No. LE09-004

9 Pages Posted: 18 Jan 2009

See all articles by Gerald Korngold

Gerald Korngold

New York Law School

Andrew P. Morriss

Bush School of Government & Public Service / School of Law; PERC - Property and Environment Research Center

Abstract

In this introductory chapter to the second edition of Property Stories (forthcoming 2009, Foundation Press), we provide our readers with a framework for our contributors' fifteen chapters on leading cases in Property law. The initial three chapters (by A.W. Brian Simpson, Maxwell J. Mehlman, and R.H. Helmholz) help to define our understanding of the nature of property and ownership. These chapters focus on the social policy underlying property regimes, the types of things that can be subject to ownership, and how ownership can be acquired and lost without the formal consent of the losing party. The next seven chapters (by Susan F. French, Patricia A. Cain, Richard H. Chused, James C. Smith, Carol M. Rose, Peter W. Salsich, Jr., and Gerald Korngold) explore the private ordering of property interests. They illustrate the extent of property rights and how "the bundle of sticks" may be shared among parties, and describe how consensual arrangements may be created to share, acquire, and transfer property rights. The final five chapters (by Jeffrey E. Stake, Vicki L. Been, Andrew P. Morriss, Stewart E. Sterk, and David L. Callies) deal with the interaction of the individual property owner and the community. Society's interaction with private property may be manifested by government, quasi-governmental entities such as homeowners associations, or application by courts of a broad and relatively undefined concept of the "public interest."

Suggested Citation

Korngold, Gerald and Morriss, Andrew P., Introduction: The Story of Property Stories. PROPERTY STORIES, SECOND EDITION, Gerald Korngol & Andrew Moriss, eds., Foundation Press, 2009, NYLS Legal Studies Research Paper No. 09/10 # 10, U Illinois Law & Economics Research Paper No. LE09-004, Available at SSRN: https://ssrn.com/abstract=1329084

Gerald Korngold

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

Andrew P. Morriss (Contact Author)

Bush School of Government & Public Service / School of Law ( email )

4220 TAMU / Room 2141
2129 Allen Building
College Station, TX 77843-4220
United States

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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