Claire Priest, Carol M. Rose and Joseph Singer, Amici Curiae
Claire Priest, Carol M. Rose and Joseph Singer are law professors at Yale and Harvard who research, teach and write about property rights. The following is excerpted from the Amici Curiae Brief for Respondent as submitted to the U.S. Supreme Court on Dec. 29, 2025. From the earliest days of the republic, courts and legislatures have recognized that property rights, including the right to exclude, are of great importance in the legal order but are not necessarily fixed; rather, aspects of property rights have continuously been subject to social, customary and democratic control. States have repeatedly adjusted the right to…
