Readings in PDF format are here: Part 1, Part 2, and Part 3.
I discuss how sovereignty and property ownership fit and collide in the antidiscrimination cases and the takings cases. Much of this last episode features snippets of the oral argument in Kelo v. City of New London.
I discuss the public and private racist zoning and the broader issue of private government. Slides here. Final readings are here.
And now, the right to regulate the use of another's land: covenants. We build on what we learned about easements to study a powerful form of private lawmaking. Slides here.
We turn our attention to interests in land that are not possessory, the usual way we think about land ownership. We begin by discussing rights to use the land of another: easements. Slides are here.
I discuss what we do with grants like: O to A and B. A great deal of property is owned this way, but it's obvious that there are some problems to work out. Slides here.
Now that we've discussed future interests and co-ownership, we're in a position to understand the problem of heirs' property. Check out this link for a brief explanation, and we'll discuss it in class.
I discuss another kind of timeline division: leaseholds, the different kinds, the duties that go along with it, and its assimilation into contract law. Slides here.
Yep, it's the dreaded rule against perpetuities. I discuss the scourge of generations of law students and hopefully make easy that which is actually easy. No episode of this podcast is good if it is not listened to within a few days by students in being at the time of the recording. Slides here.
Ok, so there's a little bit of math. In this one, we talk about the concept of present value and how it can aid our thinking about waste cases. Same slides as last time.
Now that we know the taxonomy of present and future interests, let's try identifying them in the wild. And then let's talk about how to adjudicate disputes between present interest holders and future interest holders. Slides here.
Our second expedition into the jungle of future interests focuses on life estates and their corresponding future interests. Same slides as last episode.
We begin our study of present and future interests, the splitting of the ownership timeline in wills and grants, by classifying fee interests. Slides here.
In this brief one, I tee up some questions about the readings on adverse possession, encroachments, and improving trespassers. Can you connect these doctrines to some of the work we've been doing in the past few weeks?
I discuss gifts, real estate contracts, deeds, and battles over recording. Slides here.
I discuss the Ellif case, the Prisoners' Dilemma, and the Tragedy of the Commons. Slides are here. And please take a look at Matto Mildenberger, The Tragedy of the Tragedy of the Commons, the essay I mentioned at the end of the episode.
We continue our discussion of nuisance by adding to our growing list of Big Ideas. This time, it's property rules and liability rules, which point the way to four options for resolving nuisance cases. Following along with these slides.
I discuss the private nuisance tort, Coase's reciprocal harm principle, and the Coase theorem. We'll use these ideas to discuss the cases in class. Slides here (same as last episode).
Joe is back! And we discuss the section introducting law and economics. Slides here.
I discuss McConico, Desnick, and the Sawer article.
I discuss the right to exclude and trespass to land, using the cases Jacque, Ploof, and Hinman. Slides.
Why should law protect private property at all? Three different answers.