Quasi-Property: Like, but Not Quite Property

Authors

Shyamkrishna Balganesh, Columbia Law SchoolFollow

Document Type

Article

Publication Date

2012

Abstract

Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property rights, through a relational liability regime, by focusing on the nature and circumstances of the interaction in question, which is thought to merit a highly circumscribed form of exclusion. In this Article, I unpack the analytical and normative bases of quasi-property interests, examine the primary triggering events that cause courts to invoke the category, and respond to potential objections to the recognition of quasi-property as an independent category of interests in the law.

Disciplines

Common Law | Law | Privacy Law

Comments

Copyright © 2012 Penn Law: Legal Scholarship Repository.

Recommended Citation

Shyamkrishna Balganesh, Quasi-Property: Like, but Not Quite Property, 160 U. Pa. L. Rev. 1889 (2012).
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3151