Sessions Information

  • January 4, 2018
    10:30 am - 12:15 pm
    Session Type: Section Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: Pacific Ballroom Salon 17
    Floor: North Tower/Ground Level

    A variety of legal doctrines, systems, and institutions or informal norms have emerged over time to facilitate the effective operation of markets in property by adding value to property assets, adding certainty to and streamlining the process of property transactions, adding accessibility to property, or otherwise proving greater security for property rights. These structural facilitators are sometimes features of the property system itself (component parts of its governance) and at other times are ancillary to the system. Some arise spontaneously by market demands while other elements of the property law infrastructure may or may not be possible only by means of government intervention. Some facilitators are deliberately designed to benefit the property system, while others simply have that effect. Some are arguably designed to enlarge “freedom” while others could be described as restricting “freedom” in order to save it, i.e. intentionally placing limits on autonomy to enhance the value of the property rights that remain.  This panel will examine the theories behind and necessity of these facilitators and the property system’s dependence on them, along with the ways they should or should not be regulated to guide or control their effect on property markets.

    Business meeting at program conclusion.

Session Speakers
University of Virginia School of Law
Speaker from a Call for Papers

University of Toledo College of Law
Speaker from a Call for Papers

Northeastern University School of Law
Speaker

Florida A&M University College of Law
Speaker

Chapman University Dale E. Fowler School of Law
Moderator

Harvard Law School
Speaker

Session Fees
  • [4180] Property Law - Structural Facilitation of Property Markets: $0.00