Fall 2020 • Course
Exam Type: Please refer to the Fall 2020 Tentative Exam Schedule
This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.
Thomas W. Merrill & Henry E. Smith, Property: Principles and Policies (3d ed., Foundation Press, 2017), ISBN: 9781628101027.
Thomas W. Merrill & Henry E. Smith, The Oxford Introductions to U.S. Law: Property (Oxford University Press, 2010), ISBN: 978-0195314762.