Maureen E. Brady

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The Illusory Promise of General Property Law

This Essay criticizes using “general” or federal property law to define constitutional rights, including protections against unlawful search and seizure. Federal property law is an ahistorical and indeterminate concept. Its ascendance in Takings Clause opinions illustrates its flaws and the risks it poses for beneficial variation in state property rules.

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The Forgotten History of Metes and Bounds

Property scholarship has long derided metes and bounds systems of land demarcation, largely accepting that standardized boundaries best facilitate economic growth. Through a case study of colonial New Haven, Connecticut, this Article suggests that metes and bounds descriptions actually provided early Americans significant social and economic benefits.

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The Lost “Effects” of the Fourth Amendment: Giving Personal Property Due Protection