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The New Progressive Property and the Low-Income Housing Conflict

By: Bray, Zachary | Brigham Young University Law Review, July 1, 2012 | Article details

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The New Progressive Property and the Low-Income Housing Conflict


Bray, Zachary, Brigham Young University Law Review


ABSTRACT

The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, "law-and-economics" approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call athe new progressive property." At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, I …

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