Establishing a curriculum for a 1L course is a dangerous undertaking. Each class has its own rhythm. I am sure that we will look at the material in that order and that the readings will not be longer than what is given below. I am much less confident that we will pick up the material on the specific dates mentioned, or that what we will take will be exactly what is given here. These are the basics; There will probably be variations. This copy of the program is intended for web viewing and does not print very well. To download and print a PDF version, click here.] You will notice that in addition to page assignments, the program includes a brief description of what the course will be. If one or more case names are given, we devote a large part of the class to the analysis of this or that case. If no case name is given, we dedicate the class to discussing problems, doctrines, or policies. The fact that a case is not in the program does not mean that you should not read the case if it appears on the assigned pages. On the contrary, the fact that the name of the case is not mentioned in the program means that I hope you can work on the case yourself and try to emphasize the class elsewhere. Page references to DKM4 are indicated by “S”, a remnant of the fact that it began to be an addition to DKM3. As I`m working on updating DKM4, pages may go haywire later in the semester.
If this is the case, I will release an updated version of the program. The course book is C. DONAHUE, CASES AND MATERIALS ON PROPERTY: AN INTRODUCTION TO THE CONCEPT AND THE INSTITUTION (tent. 4th ed., multilith, 2019) [DKM4]. The documents are based on C. DONAHUE, T. KAUPER & P. MARTIN, CASES AND MATERIALS ON PROPERTY: AN INTRODUCTION TO THE CONCEPT AND THE INSTITUTION (3rd ed., West Publishing Co., 1993) [hereinafter DKM3]. All assigned readings in the course will be in DKM4. DKM3 is much longer than DKM4 and contains a number of text notes that have been omitted in DKM4. It offers an extra charge to DKM4, but you`d better buy either the “Gilbert outline” of the property and/or Merrill and Smith`s introduction to the property (see below under “Secondary Literature”). Takeings and the Constitution, p.
S523 to S527; Penn Central, p. S527 to S538; Note on 1987, p. S539 to S542. Waldrop, Petersen, Cox (continued); Cooke, p. S424 to S430; Einführung in Bündnisse, pp. S430-S437. Kelo v. City of New London, S586–S612. (Mind you; this is a long time; we really should be reading a largely undealt Supreme Court case. When we`ve finished Kelo with a little time, I`ll try to say something about Shelley, pp. S618-S623, which is part of the next task.) Pierson (continued); Keeble, p.
S27 to S32. Note on the laws of the game, pp. S35-S39. (The class begins with Keeble, then returns to look at Pierson, especially in light of grades 4-6. Neither the note on reports nor the note on private wildlife law today will be the subject of much discussion in class, unless you want to ask about it. The note on the laws of the game will be dealt with more generally in the next course. For this course, you should ask yourself if Livingston, J. was right when we said “we don`t have our own bylaws” (p. S9), in light of the paragraph about the New York statues before Pierson.
S38), and why Tomkins J. is convinced that the English positive statute regulations (p. S7) are not relevant to the outcome of the case, in the light of the English law documents on pp. S35 to S36.) Future Interest: Exectuory Interest, pp. S220-224; Problems 15-16 (p. S224); Abbott, p. S225 to S229. Preble, p.
S477 to S484; Standard State Zoning Enabling Act, Euclid, S484–S495; Pierro, Stoyanoff, p. S496 to S508. (That`s a long time; maybe we`ll get to Stoyanoff in the next year.) Negative property (check assignments above). Problem, pp. S109-S111. (What we do with the problem on pages S109-S111 is up to you to some extent. In the past, students had written answers to these questions in the form of practical exams.) Maitland, Tapscott, Winchester, p. S65 to S79. (Focus on the most important cases. Notes are placed before cases because they help explain what is happening in the cases. However, you can do it the other way around, that is, read the most important cases, and then read the notes to find out what the fact that Tapscott was an exclusion case and that Winchester presumably included sovereign immunity has to do with what happens in those cases.) Introduction to Common Law Estates and Future Interest: Present Estates: Fee Simple and Life Estates, pp.
S198–S202, S209–S210 (a brief introduction to succession), Problems 1–5 (p. 1). S202); Present Estates: Fee Tail (introduction to inversion and rest), pp. S202-S204, [we will not do homework 6 and 7 (p. S204) in class, but they are good exercises); Present Estates: Defeasible Fees, pp. S204–S205, Problems 8–10, pp. S205; Storke, p. S205-209; Abstract, p.
p. S210. Metzger, Statute of Frauds, Hayes, pp. S164-S185. (The class discussion in the first half of the lesson focuses on the questions on page S178. Then it`s to Hayes. The Abbott certificate and related notes serve as an introduction, but they won`t take up much class time unless you want to ask questions. The first note on Abbott`s charter will be worth re-reading when we come to future lands and interests.) I also asked the Co-op to include another recent book, THOMAS W. MERRILL & HENRY E.
SMITH, THE OXFORD INTRODUCTIONS TO U.S. LAW: PROPERTY (2010) (not to be confused with their much more expensive real estate casebook). Merrill and Smith`s attitude on real estate issues is not entirely mine, but it is a good thing. The book is superbly readable and far more sophisticated than any of the others I suggested above. It`s also quite short and won`t cost you an arm or leg. This is the kind of book you might read at some point between the end of the course and the exam, especially if you`re wondering what it all means? General Introduction to Competing Interests and Matrimonial Property, p. S235 to S243, S280 to S285; problems, p. S237, S240; Holbrook, p. S285 to S295.
(Note: I will not ask you for detailed knowledge of leases in partnerships or condominiums and co-operatives, but you should know that they exist. The note on the relationship between roommates will not be the subject of much class discussion, but the note on competing interests and legislation will be. After that, we will deal with the Holbrook case.) Introductory remark, INS v. AP; Feist Publications v. Rural Telephone Service Company, S145-S163. DKM is designed to be taught out of sequence. So it has more than the usual number of cross-references. Most students find cross-referencing more useful when reviewing material than when they are studying it for the first time. My office is located at Hauser 512 of the Faculty of Law. My office hours are currently scheduled on Thursdays from 15:00 to 17:00 or by appointment. There will be a registration form at the door.
I don`t think office hours are a particularly good time to ask specific questions about the course.