Now showing items 1-20 of 23

    • Community and Custom in Property 

      Smith, Henry Edward (The Berkeley Electronic Press, 2009)
      Community custom has played a limited but important role in the law of property. In addition to a few major historic examples such as mining camp rules and whaling, property law sometimes relies on community custom, for ...
    • Custom in American Property Law: A Vanishing Act 

      Smith, Henry Edward (University of Texas School of Law, 2013)
    • An Economic Analysis of Civil versus Common Law Property 

      Chang, Yun-chien; Smith, Henry Edward (2012)
      The article presents an analysis of civil law property and common law property. It mentions that the civil law system emphasizes on ownership and affects leaseholds whereas common law emphasizes on the estate system. The ...
    • Ellickson's Extraordinary Look at the Ordinary 

      Smith, Henry Edward (William & Mary Bill of Rights Journal, 2009)
      It is often said that the mark of great work, and a great theory in particular, is that it seems obvious in retrospect. And among such theories, some of the most impressive are those that aim to explain not just the problems ...
    • The Equitable Dimension of Contract 

      Smith, Henry Edward (Suffolk University Law School, 2012)
      Contract theory has long been preoccupied with the common law. Contracts is taught in the first year of law school along with the other “common law subjects.” The rise of the modern view of contracts as involving mutually ...
    • Exclusion and Property Rules in the Law of Nuisance 

      Smith, Henry Edward (Virginia Law Review Association, 2004)
      This Article offers a theory of nuisance law based on information costs. Like trespass, much of the law of nuisance relies on a strategy of exclusion in which rights are defined using low-cost signals like boundary crossings ...
    • Experimental analysis of the effect of standards on compliance and performance 

      Boussalis, Constantine; Feldman, Yuval; Smith, Henry Edward (Wiley-Blackwell, 2017)
      Laws can be written along a spectrum of specificity, ranging from vague standards to more detailed rules with particular examples. Behavioral and legal scholarship each present conflicting views about the optimal degree ...
    • Governing the Tele-Semicommons 

      Smith, Henry Edward (2005)
      The Telecommunications Act of J996 divides entitlements to network elements between incumbents and recent entrants. This Article analyzes this mandatory sharing regime as a semicommons, a property regime which combines ...
    • Governing Water: The Semicommons of Fluid Property Rights 

      Smith, Henry Edward (2008)
      This Article applies an information-cost theory of property to water law. Because of its fluidity, exclusion is difficult in the case of water and gives way to rule of proper use, i.e., governance regimes. Looking at water ...
    • Institutions and Indirectness in Intellectual Property 

      Smith, Henry Edward (University of Pennsylvania, 2009)
    • Intermediate Filing in Household Taxation 

      Smith, Henry Edward (1998)
      This article explores an alternative filing system between joint and individual filing, here termed "intermediate filing." Under such a system, instead of allowing couples to "split" their income as joint filers or forcing ...
    • Law and Economics: Realism or Democracy? 

      Smith, Henry Edward (2009)
    • Making Coasean Property More Coasean 

      Merrill, Thomas W.; Smith, Henry Edward (University of Chicago Press, 2011)
      In his pioneering work on transaction costs, Ronald Coase presupposed a picture of property as a bundle of government-prescribed use rights. This picture is not only not essential to what Coase was trying to do, but its ...
    • Modularity and Morality in the Law of Torts 

      Smith, Henry Edward (2011)
    • The Morality of Property 

      Smith, Henry Edward; Merrill, Thomas (College of William and Mary, 2007)
      The relationship between property and morality has been obscured by three elements in our intellectual tradition. First is the assumption, which can be traced to Bentham, that property is a pure creature of law.' An ...
    • The Nature of Coasean Property 

      Lee, Brian Angelo; Smith, Henry Edward (Springer Science + Business Media, 2012)
      The Coase Theorem is widely regarded as pointing to the importance of positive transaction costs for the analysis of economic institutions. Various interpretations of the Coase Theorem regard transaction costs as some set ...
    • On the Economy of Concepts in Property 

      Smith, Henry Edward (University of Pennsylvania, 2012)
      Legal concepts, like concepts generally, help economize on information. Conventional wisdom is correct to associate conceptualism with formalism, but misunderstands the role concepts play in law. Commentators from the Legal ...
    • Property as the Law of Things 

      Smith, Henry Edward (Harvard University, Harvard Law School, 2012)
      The New Private Law takes seriously the need for baselines in general and the traditional ones furnished by the law in particular. One such baseline is the “things” of property. The bundle of rights picture popularized by ...