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Spring 2015
5408 Property - FAGUNDES- 12413

Professor(s): David Fagundes (VISITING)

Credits: 4

Course Areas: 1st Year - Section B 

Time: 10:30a-11:50a MWF  Location:  

Course Outline: What does it mean to own something? Laypeople often use terms like “ownership” or “property” in casual discourse. This course seeks to explore these terms as legal, rather than popular, ideas. We will do that to a large extent by examining the blackletter law of property, which derives from very different sources of law (cases, statutes, scholarship), spans numerous bodies of doctrine (adverse possession, landlord/tenant, eminent domain), and deals with a wide variety of things that these sources and authorities govern (foxes, wedding rings, and plain old plots of land). This discussion about what the law is will be guided by normative frameworks, both consequentialist and deontic, that tell us what the law should be.

The goals of this course are methodological as well as substantive. Property’s long history and sprawling present will help you learn to parse different legal sources, including both cases and statutes, from a variety of different jurisdictions and eras. Applying complex regulatory schemes like estates in land and title recording will build rigorous logical-analytical skills. And the various policy issues engaged by the topics we explore will require you to think about, and to talk about, property like a lawyer. What that means to me is that lawyers think about property in a way disciplined both by a sense of what the law actually is, and in a way that is reflective about, rather than controlled primarily by, our initial moral instincts.

Course Syllabus:

Course Notes:   

Prerequisites:  

First Day Assignments:

Final Exam Schedule: 05/08/15 9am-1pm      

This course will have:
Exam: Yes
Paper: No

Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No

Course Materials (10/28/2014 9:29:49 AM)

Book Required