MORE ON PRIVATE PROPERTY IN OUTER SPACE. I disagree with the thesis that because Article 2 of the Outer Space Treaty requires nations to supervise their nationals, it somehow bans private property. And I think that the later drafting of the failed Moon Treaty — which did explicitly ban private property — was an admission that the Outer Space Treaty didn’t. Furthermore, there’s precedent for the U.S. recognizing property rights in areas where it doesn’t, and can’t, claim sovereignty.

Here’s a piece that I did for Popular Mechanics a while back on this topic. And here’s an article on space property rights that Rob Merges and I wrote for the NYU Environmental Law Journal.