Papers by Shelly Kreiczer-Levy
Social Science Research Network, 2021
Routledge eBooks, Aug 4, 2022
Social Science Research Network, Mar 30, 2016
Social Science Research Network, Apr 16, 2017
This Article is dedicated to the memory of Marc Poirier, an inspiring author and a generous human... more This Article is dedicated to the memory of Marc Poirier, an inspiring author and a generous human being.
Social Science Research Network, Apr 15, 2020
Yale Law & Policy Review, 2018
Millennials are losing interest in ownership. They prefer to access property as needed on a casua... more Millennials are losing interest in ownership. They prefer to access property as needed on a casual, short-term basis. Prompted by the sharing economy, online platforms, and ethical consumerism, access presents a radical alternative to established property forms. This type of property use is popular among younger, technology-savvy generations. It prioritizes use, flexibility, and mobility over the control, stability, and attachment that are associated with traditional property forms. Despite its recent prominence, access has remained surprisingly undertheorized, especially from a property perspective. This Article fleshes out the normative values and the concerns ingrained in this emerging property form. In addition, it critically evaluates the legal and regulatory response to access. It argues that the law continues to steer users towards ownership or other forms of long-term possession, significantly limiting the option of access. Accordingly, it calls for reevaluating insurance, tax, zoning, and antidiscrimination laws.
Arizona Journal of International and Comparative Law, 2014
Israel Studies Review, 2013
ABSTRACT
Law & Ethics of Human Rights, 2014
This article examines the issue of intergenerational cohabitation in the family home. Its primary... more This article examines the issue of intergenerational cohabitation in the family home. Its primary purpose is to demonstrate that current analysis of internal conflicts in the home is lacking, both in terms of identifying the parties’ interests and characterizing the tensions involved. It focuses on a specific three-way conflict between two parents and their adult child and identifies each of their points of view: one parent who wants the adult child to move out, one parent who wants to continue to share her home with the adult child, and the adult child who wants to remain in the home.The article builds on rich multidisciplinary literature on the meaning of the home. This focus sheds new light on the conflict in two significant manners. First, the disagreement between the parents is characterized as a struggle between two conflicting visions of the home. Each of these visions reflects a different perception of the home, the family, and intergenerational commitments. Second, the focu...
The San Diego law review, 2021
The American Journal of Jurisprudence, 2008
... Prof. Hanoch Dagan. I thank Hanoch Dagan, Ronald Chester, Avi Lubin, Maya Lakstein and Galia ... more ... Prof. Hanoch Dagan. I thank Hanoch Dagan, Ronald Chester, Avi Lubin, Maya Lakstein and Galia Schneebaum for their helpful comments. 1. John H. Langbein, "Substantial Compliance with the Wills Act," Harvard. Law Review ...
University of Michigan Journal of Law Reform, 2011
In the last few decades, the emerging trend in trust and estate law has been a steady loosening o... more In the last few decades, the emerging trend in trust and estate law has been a steady loosening of the limitations on testamentary freedom. The 1990 Uniform Probate Code pioneered some of these developments. Construction rules are no exception. It is widely accepted that testamentary construction rules should track the owner’s presumed intent. In this article, I argue that there is also room, alongside these intent-furthering rules, for intent-defeating rules in inheritance law. A property owner lacks incentives to internalize the relational, familial, or economic effects of her allocation. Such rules, termed deliberative accountability rules, are therefore designed to foster accountability in estate planning. These rules burden the owner with requirements to think her decision through, and to give reasons for and face the relational consequences of her act. These rules work to counterbalance the freedom of the owner by requiring her to make an informed decision.
Despite numerous reforms over the years, intestate succession rules continue to privilege traditi... more Despite numerous reforms over the years, intestate succession rules continue to privilege traditional, white, heterosexual families. It is evident that the one-size-fits-all scheme cannot truly reflect diversity of lifestyles and associations. This Article considers an innovative option that has become increasingly popular in recent years: using big data to create personalized rules, tailored to the personal characteristics of each decedent. This Article explores the promise and drawbacks of personalized intestacy, arguing that personalized default rules fall short in the realm of inheritance, because these rules are personal and inheritance law is inherently relational. It then offers preliminary guidelines for adapting big data techniques to the relational aspects of inheritance.
LSN: Other Law & Society: Private Law - Property (Topic), 2017
The property as personhood theory provides a dominant justification for legal theory and has shap... more The property as personhood theory provides a dominant justification for legal theory and has shaped numerous legal doctrines. Although the theory has been criticized by many scholars, one important concern has escaped scholars thus far. Property as personhood limits identity and confines growth. The concept allows little room for experimenting with personality and testing one’s lifestyle. Access, a rising form of property use in the sharing economy, provides an important alternative. It allows for property use without personhood, emphasizing choice, flexibility and mobility. This Article presents this alternative and explains its significance to property legal theory contra the property as personhood theory. It also details the benefits and costs associated with property without personhood, and sketches out possible legal implications.
Various doctrines from different areas of the law provide special legal protection for property t... more Various doctrines from different areas of the law provide special legal protection for property that is produced and used for personal use, creating the legal category of "consumption property." Zoning, criminal procedure, discrimination, foreclosure and bankruptcy, taxes and eminent domain all treat property for consumption differently than commercial property. Recently, a new social phenomenon known as the sharing economy allows owners to rent out personal assets such as a room in their home, their private car, a bicycle, and even pets. The sharing economy challenges the foundational distinction between privately used property and commercial property and leads to fragmentation of uses and symbolic meanings. This fragmentation raises new questions: what are the boundaries of intimacy in the realm of modern consumption? How should the law regulate business transactions in intimate locations? This article presents the category of personal consumption property, arguing that ...
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Papers by Shelly Kreiczer-Levy