Tag Archives: property law

Ode to Property Law

As a result of discussions on Twitter with Kat Gallow (who blogs at Curl) I have been thinking about why I love Property Law (yes, #propertylawnerd alert). As Kat noted, property law has a bad reputation amongst law students as dry and boring. However, I believe that nothing is further from the truth. I’m going […]

Henrietta Lacks and property in body parts

I have just finished reading The Immortal Life of Henrietta Lacks by Rebecca Skloot (2010). It raises all kinds of social, ethical, scientific and legal issues. I thought I’d explore them in this post. I don’t intend to offer any firm conclusions, but I would like to generate discussion about the kinds of conflicts medical […]

Stella, by means of a trust

It’s not often that the paths of commercial law and literature intersect, so when it happens, we tend to seize the opportunity with both hands. This post, then, is a discussion of the newly-founded Stella Prize for Australian women writers, and the legal instrument that will of necessity be the vehicle for its ongoing success: […]

Property rights and the body – right to a dead person’s reproductive material

It was reported in The Australian today that a women has won the right to possession of her dead husband’s sperm with a view to using the material to conceive a child via IVF. The full judgment is available here: Jocelyn Edwards; Re the estate of the late Mark Edwards [2011] NSWSC 478. The facts […]

Property and animals

A while ago back on the blog, we were having a debate about whether the idea of property, and private property in particular, is a peculiarly human thing. Certainly, I think animals have a notion of territory. Sometimes they have a very strong notion, and will chase any interlopers off their territory. Our dog had […]

Law Evolves

As those of you who’ve participated in my Bring Laws & Gods reading circle know, I’ve had to spend quite a bit of time working out where I thought Roman law would have gone had the Romans had an industrial revolution. Now their law was pretty sophisticated, as law goes. In many ways, it was […]

Stranger than fiction

I love a vivid judgment. It makes life as a lawyer interesting. The recent decision of J W Quinn J of the Ontario Superior Court, Miller v Carley, is one of those cases. Here are the first three paragraphs: After a busy day conducting illegal drug transactions, the plaintiff, the defendant and a mutual friend […]

Finders keepers?

You remember the school yard taunt, don’t you? “Finders keepers, losers weepers!” Well, I think it’s my duty as a sometime teacher of Property Law to warn the public that it’s not quite accurate. This came to my mind because of a story I read in the Herald Sun today: A couple will be charged […]

Further on Intellectual Property

Regular commenter Lorenzo has written a very thought-provoking post on intellectual property, which I highly recommend. I looked over it and made a few lawyerly comments… for which he has provided me with far too much credit 😉 The take-home (and very thoughtful) piece of analysis? (Lorenzo is a specialist on the role and activities […]