Share, Own, Access

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.

Visiting Adjunct Professor and Visiting Scholar, Cornell Law School; Associate Professor of Law, College of Law & Business, Ramat Gan. I am grateful to Greg Alexander, Laura Underkuffler, Bernadette Atuahene, Gaia Bernstein, Ayelet Blecher-Prigat, Sherry Colb, Zach Clopton, Hanoch Dagan, Nestor Davidson, Avihay Dorfman, Shahar Dillbary, Anna di Robilant, Michael Dorf, Rashmi DyalChand, Niva Elkin-Koren, Paula Franzese, Rachel Godsil, James Grimmelmann, Michael Heller, John Infranca, Ronit Kedar, Hoi Kong, Roy Kreitner, John Lovett, Tali Margalit, Hari Osofsky, Eduardo Peñalver, Aziz Rana, Galia Schneebaum, Chris Serkin, James Stern, Shai Stern, Sid Tarrow, Gerald Torres, Sarah Waldeck, Lua Kamal Yuille, Linghan Zhang, and the participants at the Cornell Law School Faculty Workshop, the Progressive Property Conference at Seton Hall Law School, the Property Works in Progress Conference at Boston University Law School, TAU Private Law Workshop, TAU Law & Technology Workshop, Haifa University Law & Technology Workshop, Sha’arey Mishpat College Faculty Seminar, and the Many Faces of Innovation Conference, for very helpful comments and suggestions.