|
Professor Henry H. Perritt, Jr. (312) 906-5128 Office: Room 713 |
Monday, Wednesday, Thursday 0935-1050 |
|
Spring 2010 |
Room 210 |
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)
SYLLABUS
|
Date |
Subject |
Assignment (numbers refer to pages in Dukeminier casebook) |
|
20 Jan. |
LANDLORD-TENANT Basics |
361-384 Chicago L-19 standard apartment lease 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 Compare your lease terms with those of the two models, linked to supra |
|
21 Jan.. |
Delivery of possession
|
384-403 |
|
25 Jan. |
Defaulting tenants |
403-421 |
|
27 Jan. |
Landlord duties
|
421-444 |
|
28 Jan. |
Common interest communities |
798-821 Summary of tests for judicial review of association decisions |
|
1 Feb. |
SYSTEM OF ESTATES charts |
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 |
|
3 Feb. |
Life estate |
189-206 |
|
4 Feb. |
Defeasible estates |
206-224 |
|
8 Feb. |
Future interests |
225-244 concentrate on problems |
|
10 Feb. |
Rule Against Perpetuities - 1 |
|
|
11 Feb. |
Rule Against Perpetuities - 2 |
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 John Makdisi, How to do a
Perpetuities Problem, 36 Clev. St. L. Rev 95 |
|
15 Feb. |
Acquisition by capture Photo of 2000 block of Pensacola Street, Chicago, 16 Jan. 2009 |
1, 14 n.4, 17-45 Questions for discussion in class |
|
17 Feb. |
Acquisition by creation Music:
|
51, 55-69, 86-93 |
|
18
Feb. |
MUSIC AS PROPERTY Copyright law Flow chart for use in class (.html) (.ppt) Patents and Copyrights Clause, U.S. Const. Copyright - expected skill levels
|
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 (optional) Martignon case, holding anti-bootlegging statute unconstitutional |
|
22
Feb. |
Adverse
possession |
|
|
24
Feb. |
Adverse possession - 2 charts for use in class: |
|
|
25 Feb. |
Deed of gift #1 Songs of
Civil Procedure (.mp3 files) 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
|
|
|
1 Mar. |
Concurrent interests diagrams for discussion in class
|
275-291
|
|
3
Mar. |
Relations among concurrent owners |
291-310 Optional: joint owners of copyright |
|
4 Mar. |
Marital interests - 1 |
310-335
|
|
8 Mar. |
Marital interests - 2 |
335-359 focus on problems in casebook |
|
10
Mar. |
TRANSFERS OF LAND Basics |
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 |
|
|
|
|
|
13-21 Mar. |
SPRING BREAK |
|
|
22 Mar. |
Warranty |
494-513 |
|
24 Mar.
|
|
513-541 (omit Sweeney case and following questions) optional: IL conveyancing statute IL livery of seisin statute (.html) (Word) |
|
25 Mar.
|
|
541-558 Foreclosure cases during economic crisis Nosek (MA) GE Capital (NY) LaSalle Bank (NY)
|
|
29
Mar. |
Title assurance |
559-580 |
|
31 Mar. (Mr.
Blake teaching) |
|
580-600; omit Board of Education v. Hughes and Daniels v. Anderson and questions pertaining to them |
|
1
April |
Recording acts -2 |
600-624 ;
omit Lewis v. Superior Court and questions pertaining to it |
|
5 April |
Copyright registration Sample agreement excerpts: Photographer working materials YTAMF website for tickets: www.youtookawaymyflag.com |
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. § 408.
Copyright registration in general (.html) (Word) § 412. Registration as prerequisite to certain remedies for infringement (.html) (Word) La Resolana v. Clay Realtors Angel Fire (.html) (Word) |
|
7
Apr. |
LAND USE REGULATION Basics
|
637-666 Restatement (Second) of Torts sections on nuisance (.html) (Word) |
|
8 Apr. |
SERVITUDES Easements |
667-688 |
|
12 Apr. |
Implied easements |
688-709 |
|
14 Apr. |
Assignability, scope and termination of easements (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 12 April |
|
15 Apr. |
Real covenants & equitable servitudes Comparison of easements, covenants, equitable servitudes (Word file)
|
740-767, 786-792 |
|
19 Apr. |
ZONING Background and
basics IL zoning statutes Zoning ordinance
(.html) (Word)
|
|
|
21 Apr. |
First Amendment
and similar limitations
|
891-911 |
|
22
Apr. |
EMINENT DOMAIN & REGULATORY TAKINGS for discussion in class: IL eminent domain statutory excerpts (.html) (Word) |
941-959 Framing question (.html) (Word) Article on expriopriation under European human rights law |
|
26 Apr. |
Physical occupations & balancing |
|
|
28 Apr. |
Regulatory takings hypos (.html) (Word)
|
|
|
29 Apr (last class) |
REVIEW presentation |
|
|
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
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
Scott
Blake , 2L, is the Teaching
Assistant for the course. His email address is sblake@kentlaw.edu. He will
be available at on Tuesdays from 12:30-1:30 P.M. in the 2nd floor of the Spak,
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
1. 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.
2.
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.
