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Yet Another Function for the Numerus Clausus Principle of Property Rights, and a Useful One at That

https://doi.org/10.2139/ssrn.2026088
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11/11 checkable references clean · checked 2026-08-29

Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.

60 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.

The 11 checked references that resolve
resolves10.1093/alrr/2002.1.467
Warborough Investments Ltd v S Robinson & Sons (Holdings) Ltd
resolves10.2139/ssrn.326740
The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis
resolves10.2307/40405002
Dudleio Buck
resolves10.2139/ssrn.388880
Simultaneous and Sequential Anticommons
resolves10.2307/3481398
The Craft of Property
resolves10.1353/tlj.2011.0020
Property and Collective Undertaking: The Principle of Numerus Clausus
resolves10.1136/bmj.327.7407.168-c
Peter Royston Rawle
resolves10.2307/1339645
Constitutional Law. Equal Protection of the Laws. State Statute Which Prohibits Interracial Adoption Denies Equal Protection. In re Gomez, 424 S. W. 2d 656 (Tex. Civ. App. 1967)
resolves10.5962/bhl.title.78864
Japanese Nurseries
resolves10.1108/jd.2002.58.3.350.15
Thesaurus Construction and Use: a Practical Manual, 4th ed.
The 60 references without a DOI — listed, not checked
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no DOI — not checkedWhiton, 34 N.E. 542 (Mass., 1893); National Union Bank at Dover v. Segur, 39 N
no DOI — not checkedBy contrast, Denmark, Norway, and Louisiana have an open-list system of property rights, in which notice plays a central role: see D. Lewinsohn-Zamir
no DOI — not checkedPolicy, Autonomy, and the Numerus Clausus in Italian and American Law
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no DOI — not checkedProperty, Contract, and Verification: The Numerus Clausus Problem and the Divisibility of Rights
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no DOI — not checkedHansmann and Kraakman propose a supposedly different approach to numerus clausus based on "verification
no DOI — not checkedThe reason for a numerus clausus in Roman law was to avoid ownership of land being cluttered with a plethora of rights: van der Merwe
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no DOI — not checkedNotice and Freedom of Contract in the Law of Servitudes
no DOI — not checkedInside Property
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no DOI — not checkedBut they do so not only to lower the information costs of determining who the owner is, but to shape social life in a manner consistent with the normative commitments of a democratic society composed of free and equal individuals who treat each other respectfully. Property law therefore both reflects and puts into practice value judgments about the appropriate contours of social, economic, and political life
no DOI — not checked1051-2. I beleive this is similar to Davidson's claim, though Singer does not flesh out this aspect of his argument to enable a true comparson to be made
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no DOI — not checkedIn short, it would be obvious, if it were so, that there could be no contract interfering with the fee-simple, or the management of it. If a man has, in law, a fee-simple, cannot he in equity contract with it in a way which may be beneficial, or not be injurious, to his neighbour? I cannot understand how that supposed doctrine can exist, co-extensively with the jurisdiction which the Court is in the habit of continually exercising": ibid. at 47 E.R. at 1349. The reports complied by Thomas Phillips (Ph.) are described as being of good quality in J.C. Fox, A Handbook of
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no DOI — not checkedLegal Transitions: Is There an Ideal Way to Deal with the Non-Ideal World of Legal Change?
no DOI — not checkedSee also 29 Holding Corp v
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no DOI — not checkedDelancy's Lessee, 9 U.S. 22 (1809) at 32 (per Marshall C
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no DOI — not checkedSee further the discussion in Beavers v
no DOI — not checkedat 225 (per Black J., concurring in part and dissenting in part). See generally Shannon
no DOI — not checkedBringing a Judicial Takings Claim
no DOI — not checkedInterplay Between Property Law Change and Constitutional Barriers to Property Law Reform
no DOI — not checkedAn Economic Analysis of Legal Transitions
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no DOI — not checkedOn the relationship between numerus clausus and federalism, see A. Bell & G. Parchomovsky
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