Property Law

Adam Mossoff, The Trespass Fallacy in Patent Law

The patent system is broken and in dire need of reform; so says the popular press, scholars, lawyers, judges, congresspersons, and even the President. One common complaint is that patents are now failing as property rights because their boundaries are not as clear as the fences that demarcate real estate—patent infringement is neither as determinate nor as efficient as trespass […]

Sarah Krakoff, Planetarian Identity Formation And The Relocalization Of Environmental Law

64 Fla. L. Rev. 1 (2011)| | Local food, local work, local energy production-all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world’s global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, […]

David Markell and J.B. Ruhl, An Empirical Assessment of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?

64 Fla. L. Rev. 15 (2012)| | | With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts to bring greenhouse gases into the regulatory fold. Certainly, as the works in this special […]