Property Law

Thanks to Vicki Been for early conversations about this Article. I received invaluable comments from Greg Alexander, Fred Bloom, John Echeverria, Lee Fennell, Ted Janger, Jim Krier, Rebecca Kysar, Eric Posner, Julie Roin, Stew Sterk, Nelson Tebbe, and participants in faculty workshops at Brooklyn Law School and Cornell Law School, as well as participants at the Tel Aviv Environmental Law and Policy Workshop. Thanks to the Brooklyn Law School Dean’s Summer Research Fund for generously supporting this project. Carrie Darman and Amanda Zink provided research assistance.

My thanks to Peter Horn and Benjamin Margo, NYU Law School Class of 2014 for their excellent research decision on an earlier draft of this Response.

The author wishes to thank the faculties of the University of California, Berkeley, School of Law; Boston University; the Williams Institute at the UCLA School of Law; Rutgers Law School; Fordham University School of Law; Seton Hall University School of Law; Maurice A. Deane School of Law at Hofstra University; the University of Washington School of Law; and the University of Miami Law School for helpful conversation. I am especially indebted to Kathryn Abrams, Kenny Alston, Sergio Campos, Mary Anne Case, Paisley Currah, Katie Eyer, Sheila Foster, Katherine Franke, Mary Anne Franks, Andrew Gilden, Zil Goldstein, Gayatri Gopinath, Joanna Grossman, Bruce Hay, Tracy Higgins, Clare Huntington, Molly Van Houweling, Neal Katyal, Alexander Lee, Linda McClain, Melissa Murray, Russell Robinson, Juana Maria Rodriguez, Darren Rosenblum, Simone Ross, Dean Spade, Edward Stein, Leti Volpp, and the editors of The University of Chicago Law Review for their insights and suggestions. I am also particularly grateful for the incredible research assistance of Juli Adhikari, Joseph Galvin, Andrea Hall, Kelly Herbert, Nicole Rivera, and Catherine Song.