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The Legal Foundations of Property 1979–2020

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  • Thomas Kemp

Abstract

This work traces the evolving interpretation of property as revealed in key U.S. Supreme Court rulings between 1979 and 2020. Specific consideration is given to the eight most influential decisions of this period. The degree of influence of any given case is determined by ranking case citations from the time of ruling to the time of writing. A series of queries was submitted to the open-source AI ChatGPT as a corroborating source. In contrast to the “scientific” period of 1924 to 1978 discussed by Thomas Kemp in 2024, the court’s movement over the last forty years has promoted so-called “neo-liberal” values. That is, a movement towards a transactional view of public sector activity and increased public sector deficits. There is an expansion of State activity combined with a reduction in what is asked of any individual (or group of individuals) to contribute to the given “public good.”

Suggested Citation

  • Thomas Kemp, 2026. "The Legal Foundations of Property 1979–2020," Journal of Economic Issues, Taylor & Francis Journals, vol. 60(2), pages 510-514, April.
    • Handle: RePEc:mes:jeciss:v:60:y:2026:i:2:p:510-514
    DOI: 10.1080/00213624.2026.2657229
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