Successful design depends on overcoming cognitive obstacles such as failures of attention, confirmation bias, fixation, and sunk-cost traps. A countermeasure is to keep multiple ideas alive by developing several prototypes rather than focusing on a single idea. A Design Heuristics tool consisting of cards helps by describing a strategy on one side of a card and an example of applying the strategy on the other side. Sketching offers opportunities for new interpretations and unexpected discoveries as illustrated by successive designs of the Sydney Opera House by Jorn Utzon. The Industrial Design Engineering program at Delft University of Technology in the Netherlands, the Harvard T. H. Chan School of Public Health, and the New School’s Parson School of Design in New York City offer various approaches to design education. Although traditional design education should not be discarded, it requires a broader approach that includes material on cognitive science, anthropology and culture, political science, business, and ethics.

Chapter 9 studies access to landlocked land and shows that most jurisdictions aptly use a mixture of ex ante and ex post viewpoints to design their doctrines. This chapter follows American parlance and divides the doctrine into “easements of necessity” and “statutory easements.” They have intuitive appeal: for statutory easements, owners of servient land should be compensated; easements should be necessary; and the location of the passage should cause the least damage to the servient land. As for easements of necessity, the landlocked owners can only gain access to land held by the grantor at the time of the conveyance. The prevalent scheme under statutory easement to solve this legal entanglement is neither the property rule nor the liability rule, but a “hybrid rule,” an unheralded mixture of the property rule and liability rule. Chapter 9 argues that the hybrid rule stipulates that the extent of statutory easements should be set at where the marginal social benefit of prescribed passage sharply declines, and passage locations should be determined following the least damage rule. As for easements of necessity, the limited access rule and the gratuity requirement make economic sense from an ex ante viewpoint.