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Professor Perritt (312) 906-5128 Office: Room 713 |
Monday, Wednesday, Thursday
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Spring 2006 |
Room |
PROPERTY
COURSE INFORMATION
COURSE CONTENT
Property
is a five-credit one semester course in the law of ownership and control of
tangible and intangible things.
REQUIRED COURSE MATERIALS
· John P. Dwyer & Peter
·
Supplementary materials
available on the Website.
www.kentlaw.edu/perritt/courses/property.
SYLLABUS
|
Date |
Subject |
Assignment |
|
18 Jan. |
PHILOSOPHICAL PERSPECTIVES ON PRIVATE PROPERTY |
D&M, pp. v-viii. Preface D&M, pp. 1-2. Text: Introduction D&M, pp. 3-5. Locke, Second Treatise on Government D&M, pp. 5-10. Radin, Property and Personhood D&M, pp. 10-11. Text: Distributive Justice D&M,
pp. 11-14. D&M, p. 14. Text: Utilitarianism D&M, pp. 15-17. Posner, Economic Analysis of Law D&M, pp. 17-20. Hardin, The Tragedy of the Commons Questions for discussion in class |
|
19 Jan. |
EVOLUTION OF PROPERTY RIGHTS |
D&M,
pp. 49-56. Demsetz, Toward a Theory of Property
Rights Dr. Michael Magura, University of Toledo, Notes on Basic Economics concepts |
|
23 Jan. |
MUSIC AS PROPERTY Pre-copyright |
Prof. Michael Carroll excerpts Browse RIAA website Questions/hypotheticals for class |
| 25 Jan. | BACKGROUND LEGAL RULES: DISCOVERY/CONQUEST |
D&M, pp. 69-76. Johnson & Graham ‘s Lessee v. M ‘Intosh Diagram for discussion in class (Word version for downloading and annotation) |
| 26 Jan | BACKGROUND LEGAL RULES: ACQUISITION OF OTHER RESOURCES—WILD ANIMALS/PETROLEUM |
D&M, pp. 94-99. Pierson v. Post D&M, pp. 99-101. Text: Oil and Natural Gas |
|
30 Jan. |
MUSIC AS PROPERTY Copyright law |
Section 102, defining copyright Section 103, copyright in derivative works Section 106, defining "trespass" on copyright Section 109, first-sale doctrine Section 114, rights in sound recordings |
| 1 Feb. |
BACKGROUND LEGAL RULES: ACQUISITION OF OTHER RESOURCES—WATER |
D&M, p. 102. Text: Water Law D&M, pp. 103-06. Evans v. Merriweather D&M, pp. 106-13. Coffin v. The Left Hand Ditch Co. D&M,
pp. 113-16. D&M, pp. 116-17. Problem |
| 2 Feb. |
MUSIC AS PROPERTY File sharing controversy Drum concert (produced by Erik Hanson) |
|
| 6 Feb. | BACKGROUND LEGAL RULES: ADVERSE POSSESSION |
D&M, pp. 76-84. Text: Basic Criteria for Adverse Possession D&M, pp. 84-91. Mannillo v. Gorski D&M, pp. 91-93. Problem |
|
8 Feb. |
MUSIC AS PROPERTY The future |
Perritt EFF slides (PowerPoint file) Note on other reform proposals (html) (Word) Questions to shape your contributions to the discussion |
|
9 Feb. |
BACKGROUND LEGAL RULES: PRESENT INTERESTS—FEE SIMPLE AND LIFE ESTATES |
D&M, pp. 132-39. Text: Historical Background D&M, pp. 140-43. Text: Present Interests D&M, pp. 143-49. Brokaw v. Fairchild D&M, p. 149. Text: Partition D&M, p. 149. Problems D&M, p. 157. Chart diagrams for class discussion (PowerPoint) |
|
13 Feb. |
BACKGROUND LEGAL RULES: DEFEASIBLE INTERESTS |
D&M, pp. 149-53. Text: Basic Classification Rules D&M,
pp. 153-55. Fitzgerald v. D&M, pp. 155-56. Problems D&M, pp. 156-58. Problems (we will review these problems in some detail in class, along with the following supplementary problem:) |
|
15 Feb. |
BACKGROUND LEGAL RULES: FUTURE INTERESTS |
D&M, pp. 158-67. Text: Basic Classification Rules D&M, pp. 168-71. Problems
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| 16 Feb. | same | same |
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20 Feb. |
BACKGROUND LEGAL RULES: RULE AGAINST PERPETUITIES |
D&M, pp. 171-76. Text: Explanation of Common Law RAP D&M,
pp. 176-78. D&M, pp. 178-80. Text: Statutory Reforms D&M, pp. 180-82. Text: Summary of RAP D&M, pp. 182-83. Problems Optional: (courtesy of Steve Anderson) Robert Hopperton, Teaching the Rule Against Perpetuities in first year John Makdisi, How to
do a Perpetuities Problem, 36 Clev. St. L. Rev 95
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22 Feb. |
BACKGROUND LEGAL RULES: OTHER DOCTRINES LIMITING CONDITIONS ON GRANTS |
Further reflections on Problem 1 D&M, pp. 183-86. Text: Rule of the Destructibility of Contingent Remainders, Rule in Shelley’s Case, Doctrine of Worthier Title, and Rule Against Restraints on Alienation D&M, pp. 186-89. Riste v. Eastern Washington Bible Camp, Inc. |
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23 Feb. |
BACKGROUND LEGAL RULES: CONCURRENT INTERESTS—TYPES |
D&M, pp. 189-93. Text: Tenancy-in-Common & Joint Tenancy D&M, pp. 193-97. People v. Nogarr D&M, pp. 197-98. Problem D&M, pp. 198-99. Text: Severance of Leases and Life Estates D&M, pp. 216-20. Text: Common Law Marital Property Rights D&M, pp. 229-33. Text: Community Property |
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27 Feb. |
BACKGROUND LEGAL RULES: CONCURRENT INTERESTS—RIGHTS & OBLIGATIONS AMONG CO-TENANTS |
D&M, pp. 199-204. Text: Partition, Possession, Contribution, Fiduciary Obligations, Accounting D&M, pp. 204-15. White v. Smyth D&M, pp. 215-16. Problem Additional problem to be discussed in class: commercial success for Drum Dove Alfa by Bundle of Styx Enhanced remix of Drum Dove Alfa song, aka "The Conquest Stick" (1 meg .mp3 file)[this is actually starting to sound pretty good; is the new track a rubab or a guitar?] Even newer enhanced remix of Drum Dove Alfa/The Conquest Stick (1.3 meg .mp3 file), with a much more aggressive Drum Dove and a more extensive laugh track. Third enhanced remix of Drum Dove Alfa/The Conquest Stick (855 kb .mp3 file), with what the producer claims is a European feel |
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1 Mar. |
BACKGROUND LEGAL RULES: RIGHTS OF AND LIMITATIONS ON OWNERSHIP |
Hypo for class (we will not work through the casebook problem in detail) D&M, p. 273. Blackstone ‘s Commentaries D&M, p. 273. Cohen, Property and Sovereignty D&M, pp. 274-78. Text: The Coase Theorem D&M, pp. 278-81. Problem and Questions Note on Coase and music (html) (Word) Spreadsheets (Web) (Excel) - revised per class discussion on 1 Mar. Optional law review articles: Dan Hunter, Amateur to Amateur Yochai Benkler, Coase's Penguin |
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2 Mar. |
BACKGROUND LEGAL RULES: COMMON LAW DOCTRINES--TRESPASS
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D&M, pp. 281-87. Calabresi & Melamed, Property Rules, Liability Rules, and Inalienability D&M, pp. 288-89. Pile v. Pedrick D&M, p. 289. Pile v. Pedrick D&M, pp. 289-92. Geragosian v. Union Realty Co. D&M,
pp. 292-96. Raah v. |
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6 Mar. |
BACKGROUND LEGAL RULES: COMMON LAW DOCTRINES--NUISANCE |
D&M, pp. 296-98. Text: Basic Rules on Nuisance D&M, pp. 298-305. Waschak v. Moffat D&M, pp. 305-10. Questions D&M, pp. 311-16. Bootner v. Atlantic Cement Co. D&M,
pp. 317-18. Problems |
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8 Mar. |
BACKGROUND LEGAL RULES: TAKINGS |
D&M, pp. 318-21. Text: Introduction D&M, pp. 321-24. Text: Physical Invasion D&M, pp. 324-25. Text: Regulatory Takings D&M,
pp. 325-44. Penn Central Transportation Co. v. (review Rail Reorganization and Sabbatino cases from early in the semester) D&M, pp. 344-51. Sax, Some Thoughts on the Decline of Private Property D&M, pp. 352-53. Problems |
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9 Mar. |
BACKGROUND LEGAL RULES: TAKINGS |
D&M, pp. 353-54. Text: Takings Since Penn Central D&M,
pp. 354-68. Lucas v. Kelo v. City of New London (.html) (Word) |
| 11-19 Mar. | SPRING BREAK | |
|
20 Mar. |
BACKGROUND LEGAL RULES: CIVIL RIGHTS |
D&M, p. 377. Problems D&M,
pp. 377-82. D&M, pp. 382-84. Problems |
| 22 Mar. | SOCIAL NORMS: THE EVOLUTION OF SOCIAL ORGANIZATIONS TO ADDRESS THE TRAGEDY OF THE COMMONS | Perritt,
Hybrid Regulation of the Internet
D&M, 500-02. Posner, The Regulation of Groups D&M, pp. 502-08. Merges, Contracting into Liability Rules D&M, pp509-521 Problem: consider how Internet-based market for copyrighted music should work |
| 23 Mar. |
D&M, pp. 581-89. Text: Introduction D&M, PP. 590-97. Medico-Dental Bldg. Co. v. Horton & Converse D&M, pp. 597-600. Text: Bargaining Power |
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| 27 Mar | MARKETS: LANDLORD’S RIGHTS AND REMEDIES |
D&M, pp. 600. Text D&M,
pp. 601-02. D&M,
PP. 602-10. D&M, PP. 610-13. Text: Remedies for Holding Over D&M, pp. 613-14. Text: Remedies for Abandonment D&M, PP. 614-21. Sommer v. Kridel D&M, pp. 621. Text: Reletting on the Tenant’s Account Illinois detainer, rent-recovery, and distress statutes (.html) (Microsoft Word) |
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29 Mar. |
MARKETS: TENANT’S RIGHTS AND REMEDIES |
D&M, pp. 623-24. Text: Implied Covenant of Quiet Enjoyment D&M, pp. 624-25. Problem D&M, pp. 625-28. Text: Constructive Eviction D&M, Pp. 628-29. Problem D&M, pp. 629-34. Text: Tenant’s Right to Habitable Premises D&M, pp. 634-42. Javins v. First National Realty Co. D&M, pp. 643-46. Text: Types of Remedies for Breach Illinois tenant repair statute (.html) (Microsoft Word) |
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30 Mar. |
MARKETS: TENANT’S RIGHT TO HABITABLE PREMISES—EFFICACY |
D&M, PP. 646-69. Meyers, The Covenant of Habitability D&M, pp. 650-51. Text: Relationship of Tort Law to Warranty D&M, PP. 654-56. Review Problem |
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30 Mar. |
MARKETS: RENT CONTROL AND LOW INCOME HOUSING POLICY |
D&M, pp. 690-92. Arnott, Time for Revisionism on Rent Control? D&M, pp. 692-94. Text: Preemption & Constitutional Litigation D&M,
pp. 694-02. Penell v. City of D&M, pp. 702-08. Arnott. Time for Revisionism on Rent Control? D&M, p. 709. Text: Introduction to Low Income Housing Policy D&M, pp. 709-12. Schill, Privatizing Federal Low Income Housing Assistance D&M, pp. 712-16. Berger, Beyond Hlomelessness: An Entitlement to Housing D&M, pp. 716-21. Ellickson, The Untenable Case for an Unconditional Right to Shelter |
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3 Apr. |
MARKETS: NONPOSSESSORY INTERESTS—EASEMENTS |
Note on assignment: It would be worthwhile to read the Pennell case, at page 694, but you do not need to read the other rent control material, because we adequately explored the issues in the class discussion on 30 March. I think we already adequately covered the main warranty-of-habitability issues in our discussion on 29 March. So we should press on to easements for 3 April, which will give us some extra time for the things we have not covered yet. D&M, pp. 721-23. Text: Introduction to Nonpossessory Interests D&M, pp. 723-25. Text: Classification of Easements D&M, pp. 725-26. Creation of Express Easements D&M,
pp. 726-31. Faus v. City of D&M, pp. 731-32. Problems D&M, pp. 732-34. Text: Creation of Easements by Operation of Law D&M, pp. 734-39. Reese v. Borghi |
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5 Apr. |
MARKETS: NONPOSSESSORY INTERESTS—EASEMENTS |
D&M, pp. 739-40. Text: Creation of Easements by Prescription D&M,
pp. 740-41. D&M, pp. 741-46. Finley v. Botto D&M, p. 746. Text: Negative Easements D&M, pp. 746-47. Problems D&M, pp. 747-49. Review Problem D&M. pp. 749-52. Text: Termination of Easements D&M, pp. 752-54. Text: Conservation Easements D&M, pp. 754-55. Problem |
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6 Apr. |
MARKETS: NONPOSSESSORY INTERESTS—REAL COVENANTS |
D&M, pp. 756-61. Text: Elements of a Real Covenant D&M, pp. 761-64. Eagle Enterprises, Inc. v. Gross D&M, p. 764. Chart Post-class note on horizontal privity, with diagram, examples, discussion and quotations (html) (Word file) |
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10 Apr. |
MARKETS: NONPOSSESSORY INTERESTS—EQUITABLE SERVITUDES |
D&M, pp. 765-67. Text: Elements of an Equitable Servitude D&M, pp. 767-72. Bolotin v. Rindge D&M, pp. 772-75. Problems D&M, p. 774. Chart |
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12 Apr. |
MARKETS: NONPOSSESSORY INTERESTS—HOMEOWNERS’ ASSOCIATIONS AND REFORMS |
D&M, pp. 775-76. Text: Enforcement of Homeowners’ Associations D&M, pp. 777-83. Neponsit Property Owners’ Ass’n, Inc. Emigrant Industrial Savings Bank D&M, pp. 783-84. Nonreciprocal Covenants D&M, pp. 784-91. Turner v. Brocato D&M, pp. 79 1-99. Reichman, Toward a Unified Concept of Servitudes D&M, pp. 799-800. French, Toward a Modern Law of Servitudes D&M, pp. 800-02. Berger, Unification of the Law of Servitudes D&M, pp. 802-03, Dunham, Statutory Reformation of Land Obligations D&M, pp. 803-07. Rose, Servitudes, Security, and Assent |
| 13 Apr. | Condo associations, etc. | D&M 807-842; optional 842-866; pay particular attention to Blackacre agreement and uniform statute |
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17 Apr. |
POLITICAL INSTITUTIONS: REGULATING LAND USE |
D&M, pp. 888-96. Text: Theories of Local Politics D&M, pp. 896-99. Text: Legal & Political Institutions Regulating Land Use D&M, pp. 899-901. Text: Introduction to Euclidean Zoning D&M,
pp. 901-10. D&M, pp. 910-11. Mandelker, The Zoning Dilemma [D&M, pp. 911-13. Karkkainen, Zoning: A Reply to the Critics D&M, pp. 913-17. Epstein, A Conceptual Approach to Zoning D&M, pp. 917-19. Fischel, Equity and Efficiency Aspects of Zoning |
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19 Apr. |
POLITICAL INSTITUTIONS: THE SCOPE OF THE POLICE POWER |
D&M, pp. 919-22. Text: Zoning for Aesthetics D&M,
pp. 922-30. City of D&M, p. 930. Problems Please note that pages 930-957 are not assigned D&M, pp. 958-59. Text: Growth Controls D&M,
pp. 959-68. Associated Home Builders of Greater Eastbay
v. City of D&M, p. 968-74. Ellickson, Suburban Growth Controls |
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20 Apr. |
POLITICAL INSTITUTIONS: FLEXIBILITY IN LAND USE CONTROLS Deerfield Zoning Ordinance -- we will refer to Article 13 in class Judge Friendly's list of elements of Procedural Due Process |
D&M, pp. 1005-09. Text: Evolution of Planning D&M, pp. 1009-19. Text: Legislative and Administrative Flexibility D&M, pp. 1019-20. Problem D&M, pp. 1020-21. Text: Conflict of Interest and Corruption D&M,
pp. 1022-25. Schauer
v. City of D&M,
pp. 1025-31. Fleming v. City
of |
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24 Apr. |
Exactions POLITICAL INSTITUTIONS: TAKINGS DOCTRINE AS A LIMIT ON EXACTIONS
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D&M, p. 1032. Text: Introduction to Bargaining D&M, p. 1033. Been, “Exit” As a Constraint on Land Use Exactions D&M, pp. 1033-36. Text: Exactions D&M, pp. 1036-38. San Francisco Planning Code D&M, pp. 1038-39. Text: Inclusionary Zoning D&M, pp. 1039-40. San Francisco Subdivision Code D&M, pp. 1040-41. Text: Criticisms of Linkage Fees D&M, pp. 1042-44. Text: Takings D&M, pp. 1044-48. Been, “Exit” As a Constraint on Land Use Exactions D&M, pp. 1049-63. Dolan v. City of Tigard D&M, pp. 1063-65. Problems Optional Illinois case involving challenge to Deerfield zoning Illinois case finding exaction to be unconstitutional taking Illinois case involving constitutionality of impact fee Law review article exploriong relationship between substantive due process, public-use requirement and takings (.html format) (Word format)
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26 Apr. |
CONVEYANCING AND LAND REGISTRATION |
D&M pp392-440; (deemphasize pp392-407 and don't bother with the case contained therein; we'll focus on 408-440) |
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27 Apr.
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COPYRIGHT REGISTRATION Course evaluation questionnaires will be distributed at the end of class |
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1 May |
REVIEW
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Conduct a title search for an actual piece of real property in a land records office, and send a brief report of what you did and what you found to propdocs@kentlaw.edu. You may use any piece of property anywhere in the world, and search the records of whatever governmental entity maintains records for that property. |
RECOMMENDED SECONDARY MATERIALS
Restatement
(Third) of Property (West Group)
FINAL EXAMINATION
The
final examination in this course will be given on
In
the final examination, you are responsible for all the materials discussed
in class and in the assigned readings. Obviously, the examination cannot touch
upon all that material, but anything we do in class, anything you see in your
land-register- visit, and anything in the assigned readings may be tested.
You may bring any materials, whether commercially prepared or not, to the
final exam, but successful performance on the exam will not require original
research. Prepare for the exam as though it were “closed-book.”
ATTENDANCE
Much
of the material and most of the legal analysis in this course is not contained
in the assigned readings. Consequently, class attendance is an indispensable
part of the course. Failure to attend regularly will result in exclusion from
the course and a grade of “E” Sporadic absences will result in a lowering
of your grade, in the discretion of the instructor. The instructor reserves
the discretion to determine what constitutes “regularly” and “sporadic.” The
only safe course is to attend every class.
TARDINESS
I
strongly discourage tardiness and reserve the power to lower your grade for
tardiness.
TEACHING ASSISTANT
Jeff
Swatzell , 2L, is the Teaching Assistant for the course. His email address
is jswatzell@kentlaw.edu. He will be available
every ____ from ___ PM to ___ PM, in the 2d floor cafeteria area, for questions
and will give supplementary presentations on certain material.
HATS
Do
not wear hats in class.
WANDERING IN AND OUT OF CLASS
Once
you are present in the classroom, please stay there, unless you have a genuine
emergency. If an emergency requires you to leave the classroom, do not return.
CLASS PARTICIPATION
I
teach “Socratically.” Every student is expected
to be prepared in every class. Any student may be called on at any time. Volunteering
is encouraged. There is no “right” answer; only cogent and persuasive arguments,
backed up by legitimate legal authority.
VISITING A
LAND REGISTRATION OFFICE
Visiting
a land registration office and doing a title search is a mandatory requirement
for credit in the course. You may do this at any time during the semester.
After attending, you must send me an email, to propdocs@kentlaw.edu, briefly describing
what you observed and explaining how it relates to one or more specific subjects
in the syllabus.
FINAL GRADE
Your
final grade will be determined by how well you do on the final exam, except
that I reserve the power to decrease your final grade for unsatisfactory classroom
participation, failure to complete any drafting exercises satisfactorily,
failure to complete the land-registration-office visit, or excessive absenteeism
or tardiness. I also reserve the power to increase your final grade by one-half
of a grade for outstanding classroom participation. Evaluation of your final
examination will emphasize
reasons given, analysis and logic as well as the conclusions drawn. Organization,
legibility, and clarity are very important.
A shorter answer that is well organized and evidences a clear understanding
of basic concepts and their interrelationships is better than a long answer
with disconnected fragments of information.
OFFICE HOURS & APPOINTMENTS
I
welcome interaction with students. I will be happy to make an appointment
to see any of you individually or in groups. I do not have specific office
hours. If you want to meet, please set up an appointment by emailing me at
hperritt@kentlaw.edu, calling me at (312)
906-5098, emailing or calling my assistant, Ms Patricia O’Neal at (312) 906-5128,
poneal@kentlaw.edu, or by seeing me before or after class.
WEBSITE
http://www.kentlaw.edu/perritt/courses/property
The
Website contains the syllabus and supplementary materials. Please check the
Website regularly, particularly before you begin preparing for a particular
class and again before coming to class. I will update it regularly.
E-MAIL
I
may communicate with you by e-mail at any time throughout the semester. Check
your e-mail regularly. If you would like to communicate with me via e-mail,
please feel free to do so.
