May 10, 2024

Feliu on From the Fox to Onlyfans: The Changing Landscape of Property Law @NovaLawReview

Vicenç Feliú, Nova Southeastern College of Law, is publishing From the Fox to Onlyfans: The Changing Landscape of Property Law in the Nova Law Review. Here is the abstract.
This law review article traces the rich evolution of American Property Law from its origins in Roman Law, through the influence of English Common Law, to its current complexities in the digital age. It highlights the continuous adaptation of property concepts to the evolving socio-political landscape, from fundamental principles like ownership and possession to the protection of intangible assets. The legacy of Roman Law, emphasizing property rights and contracts, laid the foundation for legal systems worldwide. The impact of English Common Law, with its doctrines of real property and equity, shaped American legal frameworks regarding ownership, title, and dispute resolution. Historical events such as the American Revolution and industrialization spurred significant developments in property law, leading to the recognition of new rights like water rights, environmental protection, and intellectual property. In the modern era, technological advancements present unique challenges, especially in intellectual property. Copyrights, patents, trademarks, and trade secrets are crucial for safeguarding innovation in a globalized economy. Issues like digital piracy, data privacy, and artificial intelligence continue to shape property law debates, emphasizing fairness, efficiency, and innovation promotion. This article underscores the enduring legacy of legal traditions and the capacity of property law to adapt to changing circumstances. By understanding its historical foundations and ongoing developments, we gain insight into how property law safeguards individual rights, drives economic growth, and fosters innovation in the United States and globally.
Download the article from SSRN at the link.

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