August 2006 Vol. 104 No. 8 THE REVIEW
ARTICLES

Information Asymmetries and the Rights to Exclude

Lior Jacob Strahilevitz

The American law generally regards the “bundle of rights” as property’s dominant metaphor. On this conception of property, ownership empowers an individual to control a particular resource in any number of ways. For example, he may use it, transfer it, exclude others from it, divide it, and perhaps even destroy it. The various rights in the bundle, however, are not equal in terms of importance. To the contrary, American courts and commentators have deemed the “right to exclude” foremost among the property rights, with the Supreme Court characterizing it as the “hallmark of a protected property interest” and leading property scholars describing the right as the core, or the essential element, of ownership. Yet for all its centrality, in the minds of courts and legal scholars, there is substantial conceptual confusion about the nature of the “right to exclude.” This confusion manifests itself in the form of inconsistent judicial opinions and unsatisfying commentary on those opinions.

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Greed and Pride in International Bankruptcy: The Problems of and Proposed Solutions to "Local Interests"

John A. E. Pottow
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Essay: Concurring in Part & Concurring in the Confusion

Sonja R. West
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Correspondence: Learning the Wrong Lessons from An American Tragedy: A Critique of the Berger-Twerski Informed Choice Proposal

David E. Bernstein
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Correspondence: From the Wrong End of the Telescope: A Response to Professor David Bernstein

Margaret A. Berger & Aaron D. Twerski
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NOTES

The Fair Housing Act and Disparate Impact in Homeowners Insurance

Dana L. Kaersvang

President Bush has made homeownership a central element of his housing policy. Through the American Dream Down Payment Act, the Homeowner’s Tax Credit, and the Zero Downpayment Mortgage Initiative, President Bush is attempting to make homeownership easier both by reducing the down payment required and by increasing financing options for the purchase of a home. More Americans owned homes in 2004 than ever before. This increase in homeownership has allowed more families to enjoy the “security, dignity, and independence that comes with owning their piece of the American dream.”

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IEEPA's Override Authority: Potential for a Violation of the Geneva Conventions' Right to Access for Humanitarian Organizations?

Jennifer R. White
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