486 Jurisprudence (Lavoie)

LAW486

Jurisprudence: Property Rights

(Lavoie)

Prerequisite courses: 

Prerequisite for: 

Instructor(s): Professor Malcolm Lavoie

Course credit: 3

Method of presentation: Seminar

METHOD OF EVALUATION

TBD

COURSE DESCRIPTION

What does it mean to have a property right in something? Does property have a core meaning, or does its meaning shift from one context to the next? Why should we recognize private property rights? When should property rights be subject to limitations? What is the relationship between property and sovereignty? Should the state be constrained in its ability to interfere with property rights? This seminar explores theoretical approaches to property rights, along with some applications to contemporary legal questions. The seminar will provide a survey of the most prominent descriptive and normative accounts of property rights, as well as some contemporary scholarly works in this area. We will apply insights from these theoretical works to several specific legal topics. Topics covered may include: the doctrine of Aboriginal title; expropriation and civil forfeiture; constitutional protections for property rights; intellectual property; and the relationship between property rights and economic inequality.

SPECIAL COMMENTS

Description updated 2023-24. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):