Property - Perritt - Syllabus

SYLLABUS

Date	Subject	Assignment (numbers refer to pages in Dukeminier casebook)
22 Jan.	Acquisisition by capture	1, 14 n.4, 17-45 Boston parking spaces Questions for discussion in class
24 Jan.	Acquisition by creation Music: The Nelson-Meyer band performs The Ballad of Chunks See also trio in stereo	51, 55-69, 86-93 Music Myths (Word version) Questions/hypotheticals for class Note on Hohfeld's framework
28 Jan.	MUSIC AS PROPERTY Copyright law Flow chart for use in class (.html) (.ppt) Patents and Copyrights Clause, U.S. Const. Hypos for class Ring tones (.mp3) Ring tones (.wav)	[important terms or provisions in longer, more complex sections have been highlighted in red] 17 U.S.C. Section 101, definitions; role of fixation Section 102, defining copyright Section 103, copyright in derivative works Section 106, defining "trespass" on copyright; the right to exclude Section 107, fair use privilege Section 109, first-sale doctrine; right to exclude rentals Section 114, (limited) rights in sound recordings Section 201, joint ownership; transfer of copyright 1995 United States Court of Appeals case involving copyright in the entertainment industry Music copyright hypos Copyright for directors of stage plays? (optional) Martignon case, holding anti-bootlegging statute unconstitutional
29 Jan.	Adverse possession	112-136
31 Jan..	Adverse possession - 2 charts for use in class: .ppt .html	136-156 Case on adverse possession of music
4 Feb..	Acquisition by gift 17 U.S.C. sec. 202 17 U.S.C. sec. 204 Deed of gift	157-172
5 Feb.	SYSTEM OF ESTATES Fee simple & fee tail charts Power Point .html	173-189 Do all the problems, but pay particular attention to Problem #3 on page 183, Problem # 1 on page 185, and Problem #3 on page 189
7 Feb.	Life estate basic hypo	189-206
11 Feb.	Defeasible estates .ppt diagrams for use in class	206-224
12 Feb.	Future interests Additional hypothetical conveyances for class	225-244
14 Feb. charts reviewed in class	Rule Against Perpetuities - 1	244-262
18 Feb.	Rule Against Perpetuities - 2 additional diagrams for class problem diagrams discussed in class	finish problems on page 249; do problems posted for 12 Feb; 262-274 (skim 268-274; note table on p272); (courtesy of Steve Anderson) Robert Hopperton, Teaching the Rule Against Perpetuities in first year property, 31 U. Tol. L. Rev. 55 John Makdisi, How to do a Perpetuities Problem, 36 Clev. St. L. Rev 95 (1987) (500K .pdf file)
19 Feb.	Concurrent interests diagrams for discussion in class	275-291
21 Feb.	Relations among concurrent owners hypo#1 hypo#2	291-310
25 Feb.	Marital interests - 1 hypos for class	310-335
26 Feb.	Marital interests - 2	335-359 focus on problems in casebook
28 Feb..	LANDLORD-TENANT Basics Chicago Fair Housing Ordinance	361-384 come to class with one or more of your own, or one of your friends', "war stories" about LL-T controversies; do the same for the following classes focused on LL-T law
3 Mar.	Delivery of possession	384-403
4 Mar.	Defaulting tenants Carryover hypo	403-421
6 Mar.	Landlord duties hypo for class	421-444
10 Mar.	TRANSFERS OF LAND Basics Hypo	451-472 Pay special attention to the form contract on pp 454-462; several hypotheticals will relate to its provisions
11 Mar.	Contract of sale	472-494
13 Mar.	No class
15-23 Mar.	SPRING BREAK
24 Mar.	Warranty	494-513
25 Mar.	Deeds diagram of hypo	513-532
27 Mar.	Delivery of deeds Mortgages Diagram	532-541 541-558 optional: OH district court case on foreclosures
31 Mar.	Title assurance diagrams for use in class	559-580 Title search: going all the way back
1 April.	Recording acts IL notice statute	580-600
1 Apr.-makeup class: Room C50; 1145-1300	Recording acts -2 audio recording of class (30 mb .mp3 file)	600-624
3 Apr.	Copyright registration Chart (.html) (Word) hypo for class	Find the U.S. Copyright Office website and conduct a copyright registration search on at least two names of authors or titles of a literary or musical work or sound recording. Be prepared to discuss your results 17 U.S.C. § 201. Ownership of copyright (.html) (Word) § 204 Formal requirements for transfer § 205 Recording of transfer § 408. Copyright registration in general (.html) (Word) § 411 Registration as pre-requisite to suit § 412. Registration as prerequisite to certain remedies for infringement (.html) (Word) La Resolana v. Clay Realtors Angel Fire (.html) (Word)
7 Apr. (Mr. Pylman teaching)	LAND USE REGULATION Basics Photographs of class	637-666 Restatement (Second) of Torts sections on nuisance (.html) (Word)
8 Apr.	SERVITUDES Easements	667-688
10 Apr.	Implied easements diagrams for class reinforcement charts detail pic	688-709
14 Apr.	Assignability, scope and termination of easements diagrams for class additional hypos for class (note: we'll use some subset and combination of the hypos indicated on the diagrams and in the other attachment)	714-721, 725-740 authority for conclusions on 10 April
15 Apr.	Real covenants & equitable servitudes hypos for class Comparison of easements, covenants, equitable servitudes (Word file)	740-767, 786-792
17 Apr.	Common interest communities Hypos for class	798-821 Summary of tests for judicial review of association decisions
21 Apr.	ZONING Background and basics IL zoning statutes Counties (.html) (Word) Municipalities (.html) (Word) Zoning ordinance (.html) (Word) Flow of power diagram Hypos for class	821-841
22 Apr.	First Amendment and similar limitations Flow chart	891-911
24 Apr.	EMINENT DOMAIN & REGULATORY TAKINGS for discussion in class: IL eminent domain statutory excerpts (.html) (Word) Gator in my kitchen	941-959 Framing question (.html) (Word) Optional: Article on expriopriation under European human rights law
28 Apr.	Physical occupations & balancing	959-973, 980-1004
29 Apr.	Third categorical rule	1006-1030
1 May	REVIEW presentation
2 May	Review questions Course evaluation questionnaires will be distributed at the end of class
Before end of semester		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 Wednesday, 7 May 2006, at 8:30 A.M. and at no other time. It will last three hours.

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

Dan Pylman , 2L, is the Teaching Assistant for the course. His email address is dpylman@kentlaw.edu. He will be available every Monday from 3 PM to 4 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 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.