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Of property and antiproperty

  • Fordham University
  • University of Pennsylvania

Research output: Contribution to journalReview articlepeer-review

31 Scopus citations

Abstract

In this Article, we introduce the concept of anti-property - a private conservation mechanism that allows only socially desirable development. Our mechanism utilizes veto rights to create a collective holdout dynamic that thwarts undesirable uses of conservation commons. We demonstrate, counterintuitively, that when transaction costs systematically bias the market against conservation, the best response may be to create countervailing transaction costs. We also show how the combination of a private anti-property mechanism with a carefully designed takings law may result in an optimal balance between conservation and development.
Original languageEnglish
Pages (from-to)1-70
Number of pages70
JournalMichigan Law Review
Volume102
Issue number1
DOIs
StatePublished - Oct 2003

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