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Full-Text Articles in Law
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Scholarship Chronologically
While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …
Property In Context, Craig J. Albert
Property In Context, Craig J. Albert
Seattle University Law Review
Now that Property has shrunk in most law schools to a single semester of three or four credit hours, Professors J. Gordon Hylton, David L. Callies, Daniel R. Mandelker, and my colleague, Paula A. Franzese, offer a new casebook, Property Law and the Public Interest to respond to the new environment.
How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, And Property Law, Craig Anthony Arnold
How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, And Property Law, Craig Anthony Arnold
Seattle University Law Review
Edward Rabin and Roberta Kwall had student learning in mind when they wrote Fundamentals of Modern Real Property Law. Rabin and Kwall's casebook is an attractive and effective road map for students as they journey through a course (and a body of legal principles and issues) that typically intimidates many law students in virtually every law school.
A Casebook For Teaching Teachers: Jesse Dukeminier And James E. Krier, Property, Daniel B. Bogart
A Casebook For Teaching Teachers: Jesse Dukeminier And James E. Krier, Property, Daniel B. Bogart
Seattle University Law Review
This essay will evaluate the Dukeminier and Krier Property casebook from this perspective: just how good a text is it for teaching new law teachers? The answer, it seems to me, is that their book is very well suited to this goal. Given that I have used the Dukeminier and Krier casebook (D&K casebook) for nine years now, my answer should not surprise the reader. Indeed, I think it is this aspect of the book (and perhaps a general inclination of teachers not to fix what ain't broke) that accounts for the extraordinary loyalty that many professors give to this …
The Old Chestnut Explored: Thoughts About The Survival Of Casner's Cases And Text On Property Long Past Its Prime, Barry Brown
The Old Chestnut Explored: Thoughts About The Survival Of Casner's Cases And Text On Property Long Past Its Prime, Barry Brown
Seattle University Law Review
The pedagogy of the Casner text-now often imitated-assumes a fractional approach to private property. The Hohfeldian bundle of rights rational for allocation and justification of property interests did not begin with Casner or Leach, but the fact that the first edition of the book bearing the combined authors' names appeared in 1947 and has been in continuous use since that time is a testament to the insight of its writers and to its timelessness. That the structure and themes of the text have been followed in a host of casebooks is, no doubt, the sincerest form of flattery
Q: Why Is This Course Different From All Other Courses? A: Maybe It's Not, Louise A. Halper
Q: Why Is This Course Different From All Other Courses? A: Maybe It's Not, Louise A. Halper
Seattle University Law Review
The authors’ claim is to a unique recognition of (1) “the interplay of common law, statutory and constitutional regimes,”(2) “the growing significance of non-land forms of property,” (3) “the emergence of environmental values,” and (4) “the central importance of public policy analysis to resolution of complex social problems.” This is certainly an approach that can benefit the first-year Property teacher whose course is set in a semester that may also contain courses focusing on positive law, like Civil Procedure, Administrative Law, Constitutional Law, or Criminal Procedure, as mine does.
Why Isn't This Man Smiling?, John W. Weaver
Why Isn't This Man Smiling?, John W. Weaver
Seattle University Law Review
The books reviewed in this article represent five of the seventeen property casebooks in general circulation. These nine reviews of five books also demonstrate one of the continuing tensions for Property teachers. Property teachers not only face the usual problem of coverage versus depth (exacerbated by the cut in hours), but we also have the problem that Gertrude Stein posed for Oakland-that it sometimes seems as if there is no there.
Review: The Essence Of Property Law, Vada Waters Lindsey
Review: The Essence Of Property Law, Vada Waters Lindsey
Seattle University Law Review
Part II of this essay will outline my overall approach to teaching Property and the inherent challenges of the subject. Part III sets out the topics covered in my property classes and the relevance of the “bundle of rights” concept. Part IV describes my use of the problem method in teaching Property and counters the purported disadvantages of applying that method. That part also demonstrates the practical use of the problem approach. Part V examines the evolutionary nature of property law and looks at three areas of law: landlord and tenant relationships, the law of servitudes, and future interests.
Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss
Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss
Seattle University Law Review
In this review, I will concentrate on two perspectives on the book. I first taught Property in the spring 1998 semester (using the third edition of Dukeminier and Krier) and am (as I write this) about to begin my second year of teaching the course. I can thus give the perspective of a new teacher of the subject. In addition, I am an economist as well as a lawyer and am deeply fascinated by legal history. I try to bring both law and economics and historical perspectives to my teaching. I therefore offer an evaluation of the book with respect …
A Walk Through The Woods Of The Property Course With Dukeminier And Krier's Casebook On Property, Charles I. Nelson
A Walk Through The Woods Of The Property Course With Dukeminier And Krier's Casebook On Property, Charles I. Nelson
Seattle University Law Review
This casebook is organized along three main themes even though it has five major parts. The first two parts seem to me to focus on relative rights in property. The third part discusses transfer of property interests and assurances of title and the fourth discusses regulation of land use by private and public means. The majority of this essay will look at those themes and how they play out in the casebook and in my course. In the latter part of the essay, I will discuss some of the things I find most engaging about the book and why I …
The Perfect Blend Of Methodology, Doctrine & Theory, Peter T. Wendel
The Perfect Blend Of Methodology, Doctrine & Theory, Peter T. Wendel
Seattle University Law Review
In light of the market's overall approval of the casebook, what follows can only be described as but one professor's views on why the Dukeminier and Krier property book works so well for so many and on where it does not work as well as it could.
Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier
Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier
Faculty Scholarship
Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not …
The Boundaries Of Private Property, Michael A. Heller
The Boundaries Of Private Property, Michael A. Heller
Faculty Scholarship
If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive …
Making Something Out Of Nothing: The Law Of Takings And Phillips V. Washington Legal Foundation, Michael A. Heller, James E. Krier
Making Something Out Of Nothing: The Law Of Takings And Phillips V. Washington Legal Foundation, Michael A. Heller, James E. Krier
Faculty Scholarship
Phillips v. Washington Legal Foundation held that interest on principal amounts deposited into IOLTA accounts is the property of the various clients who handed over the money but expressed no view as to whether the Texas IOLTA program worked a taking, or, if it did, whether any compensation was due. The debates among the justices about the meaning of private property, argued in terms of contextual and conceptual severance, are unlikely to prove fruitful. We elaborate a better approach in terms of the underlying purposes of just compensation. We conclude that efficiency and justice are best served by uncoupling matters …