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A. Robert Noll Professor of Law
Working Papers
"Ownership and Obligations: The Human Flourishing Theory of Property," 43 Hong Kong Law Journal 451 (2013) Cornell Legal Studies Research Paper No. 13-93 (2013).
"Unborn Communities," Cornell Legal Studies Research Paper No. 13-83 (2013).
"An Introduction to Property Theory," (with Educardo M. Penalver) Cornell Legal Studies Research Paper No. 12-15 (2012). Cambridge Introductions to Philosophy and Law, Cambridge University Press (2012).
"The Dilution of the Trust," in The Worlds of the Trust (Cambridge University Press; Lionel Smith, ed.) Cornell Legal Research Paper No. 11-41(2011).
An Introduction to Property Theory (with Eduardo M. Penalver) ( Cambridge Univiversity Press, Cambridge Introductions to Philosophy and Law, 2012).
"Governance Property," 160 University of Pennsylvania Law Review 1853 (2012).
"Property and Pluralism," 80 Fordham Law Review 1017 (2011).
(Reply) "Complex Core of Property" 94 Cornell Law Review 1063-1072 (2009).
"Properties of Community" (with Eduardo M. Penalver), 10 Theoretical Inquiries in Law 127-160 (2009).
"The Social-Obligation Norm in American Property Law," 94 Cornell Law Review 745-819 (2009).
"A Statement of Progressive Property," (with Eduardo Penalver and Laura S. Underkuffler) 94 Cornell Law Review 743-744 (2009).
"Demythologizing Property and the Illusion of Rules: A Response to Two Friendly Critics," 92 Cornell Law Review 1275 (2007).
"Michelman as Doctrinalist," 15 William & Mary Bill of Rights Journal 371 (2006-2007).
"The Ambiguous Work of 'Natural Property Rights'," 9 University of Pennsylvania Journal of Constitutional Law 477-482 (2006).
"Forty Years of Codification of Estates and Trusts Law:  Lessons for the Next Generation" (with Mary Louise Fellows), 40 Georgia Law Review 1049-85 (2006).
"Trust Protectors:  Who Will Watch the Watchmen?" 27 Cardozo Law Review 2807-11 (2006).
"Eminent Domain and Secondary Rentseeking," 1 New York University Journal of Law & Liberty 958-66 (2006).
"The Limits of Property Reparations," Cornell Legal Studies Research Paper No. 05-004 (May 7, 2003). 
"Property as a Fundamental  Constitutional Right—The German Example," 88 Cornell Law Review 733-78 (2003).
"Comment: Playing with Fire," 87 Cornell Law Review 449-51 (2002).
"Comparing the Two Legal Realisms—American and Scandinavian," 50 American Jounal of Comparative Law 131 (2002).
"A Cognitive Theory of Fiduciary Relationships," 85 Cornell Law Review 767-85 (2000).
"Property as Propriety" (Festschrift for Professor Lawrence Berger) 77 Nebraska Law Review 667-702 (1999).
"The Publicness of Private Land Use Controls," 3 Edinburgh Law Review 176-190 (1999).
"Regulatory Implication of Individual Management of Pension Fund: Commentary on Presentations of Prof. Roberta S. Karmel and Prof. James A. Fanto," 64 Brooklyn Law Review 1111-13 (1998).
"The New Marriage Contract and the Limits of Private Ordering," 73 Indiana Law Journal 503-10 (1998).
"Ten Years of Takings (The Last Ten Years: What Your Students Know That You Should Know Too)," 46 Journal of Legal Education 586-95 (1996).
"'Takings' Jurisprudence in the U.S. Supreme Court: The Past 10 Years," 56 Heidelberg Journal of International Law 857-70 (1996).
"Pensions and Passivity," 56 Law and Contemporary Problems 111-39 (1993).
"Ademption and the Domain of Formality in Wills Law," 55 Albany Law Review 1067-89 (1992).
"Takings and the Post-Modern Dialectic of Property," 9 Constitutional Commentary 259-77 (1992).
"Time and Property in the American Republican Legal Culture," 66 New York University Law Review 273-352 (1991).
"Dilemmas of Group Autonomy: Residential Associations and Community," 75 Cornell Law Review 1-61 (1990).
"Talking About Difference: Meanings and Metaphors of Individuality," 11 Cardozo Law Review 1355-75 (1990).
"Freedom, Coercion, and the Law of Servitudes," 73 Cornell Law Review 883-905 (1988).
"Takings, Narratives, and Power," 88 Columbia Law Review 1752-73 (1988).
"The Transformation of Trusts as a Legal Category, 1800-1914," 5 Law and History Review 303-50 (1987).
"History as Ideology in the Basic Property Course," 36 Journal of Legal Education 381-89 (1986).
"The Dead Hand and the Law of Trusts in the Nineteenth Century," 37 Stanford Law Review 1189-1266 (1985).
"The Concept of Property in Private and Constitutional Law: The Ideology of the Scientific Turn in Legal Analysis," 82 Columbia Law Review 1545-99 (1982).
"Alternative Models of Ante-Mortem Probate and Procedural Due Process Limitationson Succession" (with Albert M. Pearson), 78 Michigan Law Review 89-122 (1979).
"The Concept of Function and the Basis of Regulatory Interests under the Functional Choice-of-Law Theory: The Significance of Benefit and the Insignificance of Intention," 65 Virginia Law Review 1063-91 (1979).
"The Conservatorship Model: A Modification," 77 Michigan Law Review 86-94 (1978).
"The Application and Avoidance of Foreign Law in the Law of Conflicts: Variationson a Theme of Alexander Nekam," 70 Northwestern University Law Review 602-38 (1976).
Book Reviews
"Review of John H. Beckstrom, Sociobiology and the Law: The Biology of Altruism in the Courtroom of the Future," 36 Journal of Legal Education 122-27 (1986).
"Interpreting Legal Constructivism," 71 Cornell Law Review 249-259 (1985) (Review of Bruce A. Ackerman, Reconstructing American Law).
"Choice-of-Law Methodology and Conflicts Casebooks: Selected Problems," 55 Texas Law Review 953-72 (1977) (Review of Roger C. Cramton, David P. Currie, and Herma Hill Kay, Conflicts of Laws: Cases-Comments-Questions;  Willis L. Reese and Maurice Rosenberg, Cases and Materials on Conflicts of Laws; and Eugene F. Scoles and Russell J. Weintraub, Cases and Materials on Conflict of Laws).
Electronic Publications
"A Cognitive Theory of Fiduciary Relationships," in Legal Essays (Douglas L. Leslie, ed.).