Professor Henry H. Perritt, Jr.

hperritt@kentlaw.edu

(312) 906-5128

Office: Room 713

Monday, Wednesday, Thursday 1250-1405

Spring 2009

Room C-50

                                                                                             

                                                                                             

PROPERTY

COURSE INFORMATION

COURSE CONTENT

Property is a four-credit one semester course in the law of ownership and control of tangible and intangible things.

REQUIRED COURSE MATERIALS

·        Jesse Dukeminier et al, Property (6th ed. 2006)

  • Supplementary materials available on the Website. www.kentlaw.edu/perritt/courses/property.

SYLLABUS

Date

Subject

Assignment (numbers refer to pages in Dukeminier casebook)

21 Jan.

Acquisisition by capture

Photo of 2000 block of Pensacola Street, Chicago, 16 Jan. 2009

1, 14 n.4, 17-45

Boston parking spaces

Questions for discussion in class

22 Jan.

Acquisition by creation

Music:

Birdsall flute performance (.wav file)

Wolf guitar performance (.wav file)

Photos of performances

 

 

 

51, 55-69, 86-93

Music Myths (Word version)

Questions/hypotheticals for class

Note on Hohfeld's framework

26 Jan.

MUSIC AS PROPERTY

Copyright law

Flow chart for use in class (.html) (.ppt)

Patents and Copyrights Clause, U.S. Const.

 

Music copyright hypos (concentrate on questions and hypo #9; the other hypos are intended as warm-up exercises for hypo#9)

[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

Copyright for directors of stage plays?

(optional) Martignon case, holding anti-bootlegging statute unconstitutional

 

 

28 Jan. Adverse possession 112-136
29 Jan.

Adverse possession - 2

charts for use in class:

.ppt

136-156

Case on adverse possession of music

2 Feb..

Acquisition by gift

17 U.S.C. sec. 202

17 U.S.C. sec. 204

Deed of gift

Songs of Civil Procedure (.mp3 files)

Backed Up by Sovereignty

Submajur

Lex Locus Delicti

Sad Tale

Smoking Gun

CDs are available from Professor Perritt

Copyright 2008 Henry H. Perritt, Jr. "Modofac" is a registered trademark.

Permission is given to Chicago-Kent students to download, perform, and distribute the musical works and sound recordings to their classmates and friends. All other rights reserved

 

 

157-172

 

4 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

5 Feb.

Life estate

basic hypo

189-206

9 Feb.

Defeasible estates

.ppt diagrams for use in class

206-224

11 Feb.

Future interests

Additional hypothetical conveyances for class

225-244

concentrate on problems

 

12 Feb.

charts reviewed in class

Rule Against Perpetuities - 1

244-262

 

16 Feb.

Rule Against Perpetuities - 2

additional diagrams for class

problem diagrams discussed in class

finish problems on page 248-249; do problems posted for 11 Feb; 262-268 (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)

 

18 Feb.

Concurrent interests

diagrams for discussion in class

 

275-291

 

 

 

19 Feb.

Relations among concurrent owners

hypo#1

hypo#2

hypo#3

291-310

Optional: joint owners of copyright

District court case

Trial brief

23 Feb.

Marital interests - 1

hypos for class

310-335

 

 

 

25 Feb.

Marital interests - 2

335-359

focus on problems in casebook

 

26 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

 

2 Mar.

Delivery of possession

 

384-403

 

4 Mar.

Defaulting tenants

Carryover hypo

403-421

 

5 Mar.

Landlord duties

hypo for class

 

421-444

9 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

12 Mar.

no class

 

Note on peppercorns as consideration

Note on pronunciation of "Parol Evidence Rule"

14-22 Mar.

SPRING BREAK

23 Mar.

Warranty

494-513

 

 

25 Mar.

 

Deeds

diagram of hypo

 

513-541 (omit Sweeney case and following questions)

optional: IL conveyancing statute

IL livery of seisin statute

 

26 Mar.

Mr. Nelson teaching

photos

Mortgages

Diagram

 

541-558

Foreclosure cases during economic crisis

Boyko (OH)

Nosek (MA)

GE Capital (NY)

LaSalle Bank (NY)

 

 

30 Mar.

Title assurance

diagrams for use in class

 

559-580

Title search: going all the way back

1 April.

Recording acts

IL notice statute

Steeb deed

Steeb index entries

580-600; omit Board of Education v. Hughes and Daniels v. Anderson and questions pertaining to them

2 April

Recording acts -2

Hypo

NC registration statute

600-624 ; omit Lewis v. Superior Court and questions pertaining to it

2 April makeup

1405-1520

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)

 

6 Apr.

LAND USE REGULATION

Basics

 

637-666

Restatement (Second) of Torts sections on nuisance (.html) (Word)

8 Apr.

SERVITUDES

Easements

667-688

9 Apr.

Implied easements

diagrams for class

reinforcement charts

detail pic

688-709

13 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

diagram of last hypo

Comparison of easements, covenants, equitable servitudes (Word file)

 

740-767, 786-792

 

16 Apr.

Common interest communities

Hypos for class

Excert from IL condo statute

798-821

Summary of tests for judicial review of association decisions

 

20 Apr.

ZONING

Background and basics

IL zoning statutes

Counties (.html) (Word)

Municipalities (.html) (Word)

Zoning ordinance (.html) (Word)

Notes on Euclid & DP analysis

Flow of power diagram

Hypos for class

 

821-841

 

22 Apr.

First Amendment and similar limitations

Flow chart

 

891-911

 

23 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

 

27 Apr.

Physical occupations & balancing

Ordinance provision for Komaiko controversy

959-973, 980-1004

Horned owl in Home Depot

29 Apr.

Third categorical rule

 

 

1006-1030

 

30 Apr

REVIEW presentation

 

 

1 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, 15 May 2009, at 1:15 P.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

Mike Nelson , 2L, is the Teaching Assistant for the course. His email address is mnelson@kentlaw.edu. He will be available at a certain time and place every week, to be announced, 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.