Stewart Sterk of Cardozo Law School has a very interesting new paper up on SSRN. The title is What's In a Name?: The Troublesome Analogies Between Real and Intellectual Property. Here's a taste from the abstract:
After exploring the weak correlation between justifications for rights in land and in works of authorship, the article explores how the disparate justifications should and do shape doctrine. In particular, the article suggests that differences in duration of rights, in the scope or the right to exclude, and in the availability of injunctive relief can be explained by differences in justification for property rights. The article then turns to the interplay between copyright and contract, and suggests that here, too, the difference in foundation for real and intellectual property rights cautions against resort to easy analogies to resolve unique and difficult problems.