The Yale Law Journal

K-Sue Park

Article

Property and Sovereignty in America: A History of Title Registries & Jurisdictional Power

K-Sue Park

What is the source of jurisdictional power, or the power to say what the law is and give it force in a territory? This Article examines how this fundamental attribute of sovereignty historically arose, in America, from property and property institutions, especially the local, mundane, overlooked and…

Article

The History Wars and Property Law: Conquest and Slavery as Foundational to the Field

K-Sue Park

The version of American history we adopt matters for our understanding of law. In property law, we overlook how the land system underpinning the American real estate market developed, and how that market grew through racial inequality, if we do not examine conquest and slavery as foundational to the…