Essay

Spite and Extortion: A Jurisdictional Principle of Abuse of Property Right

122 Yale L.J. 1444 (2013).

This Essay puts forward the conceptual and normative underpinnings of a principle of abuse of property right. Owners abuse their right, I argue, when their decisions about a thing are designed just to produce harm. This is so whether that harm is an end in itself (spite) or…