New Article: “Progressive Property Moving Forward”

New Article: Timothy M. Mulvaney, Progressive Property Moving Forward, 5 Calif. L. Rev. Cir. 349 (2014).  Abstract below:

In response to Ezra Rosser’s article, The Ambition and Transformative Potential of Progressive Property, 101 Calif. L. Rev. 107 (2013), Timothy Mulvaney expresses more confidence than does Rosser in property’s potential to serve a role in furthering a progressive society. If property is to serve in this role, however, Mulvaney suggests it is important to redesign and reinterpret property in accordance with three themes-transparency about property rules’ value-dependence,humility about the reach of human knowledge and the mutability of our normative positions, and a concern for the socioeconomic identities of those affected by resource disputes-that underlie a broader set of writings than Rosser considers within the contours of “progressive property scholarship” and on which he offers some very preliminary impressions.

-Editor’s Note: Not only do I think Tim Mulvaney’s article is very fair in the critiques it gives of my article, but it addresses an issue that is very important and that I continue to wrestle with (my next article focuses on it); namely, is property a good place to look for answers to poverty and inequality.  So a big thanks to Tim for this response article!