Property Review Videos

Prof. Dale Whitman, one of the great Property scholars, has released a series of review videos on 1L Property topics. I have not had a chance to watch these, so I can't personally vouch for them. But Prof. Whitman is top-notch. Here is his description of them:

The videos are mostly 15 to 20 minutes in length, and are in the form of narrated slide shows. They might be helpful to law students in reviewing a topic immediately after it is covered in class, or in preparation for an exam. Below is an index of all of the videos posted so far.

1. Adverse possession – introduction
2. Adverse possession – elements
3. Adverse possession – conditions that inhibit or prevent AP from arising
4. Adverse possession – tacking, constructive AP, and AP of personal property
5. Interests in land
6. Fee simple absolute and defeasible
7. Fee tail and life estate
8. Introduction to future interests
9. Remainders and executory interests
10. Class gifts
11. Executory interests
12. The Rule against Perpetuities
13. Review of estates and future interests
14. Restraints on alienation
15. Waste

I hope you will find the videos useful, and if you feel so inclined, will recommend them to your students. Please feel free to check out one or more of them in order to evaluate their quality.

I’ve used the title “ProfDale’s Property Videos” to describe all of the videos, and you can easily find them all by searching on YouTube for “ProfDale”. (It’s not case-sensitive.) Here’s a link to one to get you started:

https://www.youtube.com/watch?v=FzyxNCMupJY&t=217s&list=PLgEQKqmnB5J6n35DByEBB1_6JDJUcgcfS&index=3

And here’s a link to a playlist that contains all of the videos:

https://www.youtube.com/playlist?list=PLgEQKqmnB5J6n35DByEBB1_6JDJUcgcfS

I’ll keep adding to that playlist as I produce additional videos.

I post them for your consideration. If they help you, great. If not, move on. I am not assigning them.

Exam Review Session

 Chief Justice John Jay says "Property Review Session has been scheduled"

Sunday December 9 at 1 PM in Room 113.

Landmark Preservation Laws: Something To Read Over The Break

Now New York City wants to make it official by declaring the Strand’s building, at the corner of Broadway and 12th Street in Greenwich Village, a city landmark.

There’s only one problem: The Strand does not want the designation.

Nancy Bass Wyden, who owns the Strand and its building at 826 Broadway, said landmarking could deal a death blow to the business her family has owned for 91 years, one of the largest book stores in the world.

So at a public hearing on Tuesday before the city’s Landmarks Preservation Commission, her plea will be simple, she said: “Do not destroy the Strand.”

 Here is a link to the article:

Gotham Times on Landmarking The Strand Bookstore


Here is another article on this issue.

Hornbook on Assignments and Subleases

It may help you to read sections 6.67 through 6.71 in the Hornbook.

I did not specifically assign these sections, but you may find them helpful.

Good Hypo

In a past year, a student asked me a very interesting hypothetical question involving the following grant: G conveys "to A for life, but if A uses the property for commercial purposes, then to B and his heirs."

What interst does A have?
What interest does B have?
What interest does G have?

Let's discuss this!

How about this one?

Suppose: Grutz conveys "to A for life, but if A moves to Europe, then Grantor shall have the right to reenter and possess the property as of his former estate."

What does A have?

What does Grantor have?

Answer:

A has a life estate subject to a condition subsequent

Grantor (Grutz) has both a reversion and a power of termination. One commentator explains that: "The interest in the Grantor is more than a reversion. The [power of termination] does not become effective automatically, but only at the will of the grantor. Therefore, the interest is best described in its two parts."

Yesterday's Last Hypo

I just want to make sure that we are all clear on this one:


4. Suppose Grutz conveys "to A for life, then to B and his heirs, but if B dies before C, then to C and his heirs."

What is the state of the title?


A has a life estate
B has a Vested Remainder Subject to Complete Defeasance in Fee Simple Absolute
C has a Shifting Executory Interest in Fee Simple Absolute


Now suppose A dies and both B and C are still alive? 


Upon A's death his life estate terminates.

B's remainder takes effect and he now has a Fee Simple Subject to an Executory Limitation
C has a Shifting Executory Interest in Fee Simple Absolute


What happens if B dies and C is still alive?

B's interest is divested because he died before C, the title thus shifts to C, who now owns Blackacre in Fee Simple Absolute.


What happens if C dies and B is still alive?


B now has a Fee Simple Absolute.

C's Executory Interest has failed (because C died before B) and thus B's Fee Simple is no longer subject to an executory limitation.

Braswell v. Braswell

James J. Braswell conveys "to Nathaniel for life, then to the heirs of his body, but if N dies without heirs of his body, the land shall revert to the Grantor or his heirs."

The doctrine of worthier title, when applied to an inter vivos conveyance of property, prefers a construction of language that would otherwise create a contingent remainder in the grantor's heirs as the retention of a reversion by the Grantor.

Thus, Grutz conveys "to B for life, then to the Grantor's heirs."

What is the state of the title without the rule?

B--life estate
G's heirs--contingent remainder

With the rule?

B--life estate
G--reversion
G's heirs--nothing

Suppose G conveys his reversion to me? What do G's heirs get on his death? Nothing: I own G's reversion in Fee Simple Absolute.

Back to Braswell.

What result if we construe the conveyance as "to Nathaniel for life, contingent remainder to his surviving descendants, but if he is not survived by descendants, reversion to the Grantor"?

Since Nathaniel survived the Grantor James Braswell (who died intestate in 1932 "leaving surviving him, as his sole heirs at law" Nathaniel and his two brothers), Nathaniel and his two brothers each inherited a 1/3 interest in the Grantor's reversion, and Nathaniel has devised his 1/3 share to Pl, Charles Braswell.

Now, what result if we construe the original conveyance as "to Nathaniel for life, contingent remainder to his surviving descendants, but if he dies without surviving descendants, then to the heirs of the Grantor who survive Nathaniel"?

Now, Nathaniel's two brothers, as the surviving heirs of James Braswell, each take 1/2 when their contingent remainder vests on Nathaniel's death "without issue" in 1952. Pl Charles Braswell takes nothing under Nathaniel's will because therre was no reversion for Nathaniel to inherit.

The Court holds that under the Doctrine of Worthier Title, the original deed creates a reversion instead of a contingent remainder in the Grantor's surviving heirs. Thus, Charles prevails in this lawsuit and gets his 1/3 share of Blackacre. See casebook at 332.

Do you see how this works?

Class Today--See you at 1:15 PM in Room 113

We will have our regularly scheduled class today after the Lane Lecture.

The law of Estates is difficult for many students, so you should make an extra effort not to miss class.

Lane Lecture: former U.S. Solicitor General Don Verrilli

On Friday September 28 at noon in the auditorium, former U.S. Solicitor General Don Verrilli will be giving the Lane Lecture. Verilli has argued many cases before SCOTUS.

I am assigning this lecture as part of our Property course. It will be in lieu of a makeup if we need to cancel a class later in the semester. Much of Spring Semester of Property will focus on the constitutional law of Property and SCOTUS cases.

Berger vs. Duncan on Trump SCOTUS & Kennedy's Legacy

This Wednesday at Noon in the Auditorium Prof. Berger and I will discuss the Trump SCOTUS & Kennedy's Legacy.

Not required just some fun.


These little debates between Eric and me are always fun, both for us and for the students who attend.

You are all welcome.

Law Prof. Channels Hamilton

U Chicago Law Prof William Baude channeled Hamilton in remarks to new 1Ls : "The following remarks were delivered by William Baude, the Neubauer Family Assistant Professor of Law, at the Entering Students Dinner, September 22, 2016"


Link

 
  I am not the only one.

Common Law Lawyering

Now that we have read a number of cases in one area of Property law, re-read Justice Scalia's thoughts on the common law--link

Let's Play 2! Doubleheader on Friday August 24

This Friday we will meet from 12:10 until 2:15 for a double class session. We will read Casebook p. 113-124 (Popov v. Hayahsi ) and enjoy an in-class in class screening of Up For Grabs, a documentary about the Popov case. BYOP (bring ytour own popcorn).

Judge McCarthy and King Solomon

Would King Solomon approve of Judge Kevin "You're So Vain" McCarthy's decision to give each of the parties a one-half interest in the Bonds home run ball?

Property and Liberty

Some people view property as an evil (as in "money [property] is the root of all evil") that must be regulated and restrained.

I have a different view. I think property is inextricably intertwined with liberty--with the liberty to raise a family, with the liberty to educate children, with the liberty to worship, with the liberty of free speech--and these (as well as other) fundamental liberties are vulnerable in a society that does not value property rights.

For example, one way to restrict my liberty to educate my children in a private religious school is to require all students to attend secular public schools only. The Supreme Court of the United States invalidated an Oregon law that required public education for all school-aged children as violating the constitutional right of parents to direct the education and religious upbringing of their children. May government do indirectly (through zoning laws that restrict private schools from locating in the community) what it cannot do directly (by prohibiting non-public education of children)? May the state use zoning laws to prevent churches from opening in certain locations? May the state use zoning laws to zone out "adult bookstores?" Or abortion clinics? May the state use zoning laws to prohibit homeowners from conducting regular prayer meetings in their homes?

As you can see, it is easy for the state to restrict our most sacred (as well as some not-so-sacred) liberties merely by restricting the property upon which we exercise those liberties.

Look for these kinds of issues to arise throughout the course.

Finders cases are lots of fun, but we will have bigger fish than these to fry!

Should the Courts "Do Justice" or "Apply the Law"?

Judge Learned Hand

Justice Holmes

There is a great, old story in the law about two great judges. Here is one writer's account:

"There is a story that two of the greatest figures in our law, Justice Holmes and Judge Learned Hand, had lunch together and afterward, as Holmes began to drive off in his carriage, Hand, in a sudden onset of enthusiasm, ran after him, crying, 'Do justice, sir, do justice.' Holmes stopped the carriage and reproved Hand: 'That is not my job. It is my job to apply the law.'"

Hmmm. What is the point Holmes was trying to make? This has come up recently because President Obama says that he believes Justices should decide cases with "empathy." What does that mean? Should judges overlook the law when their personal sense of empathy tells them to do so? Or should they follow the law where ever it takes them, even if they don't like the result the law requires? Think about this as you begin your careers in the law.

Review Session Tuesday May 1 Room 113 at 1:15 PM

                                      My Glove on Monstah At Fenway


We will have a review session (question and answer session) on Tuesday May 1 at 1:15 PM in Room 113.

Red Sox jerseys are optional but strongly recommended.

Is that a great picture or what? In another life, I coulda been a contender at photography!

Thursday April 19

Today (Wednesday) we will get through Assignment 25.

Tomorrow we will read Assignment 26-27. I will skip around a bit and try to cover as much as we can.

Wonderful SCOTUS Preview Next Wednesday April 11

 

An old friend of mine, Jordan Lorence of Alliance Defending Freedom, will be speaking at the law school on “Of Weddings, Babies and the Freedom of Speech” next Wednesday, April 11 at noon in the Auditorium.

Jordan is one of the leading constitutional law litigators in the country and also an excellent speaker.

This event is sponsored by the Christian Legal Society at UNL.

This will be a fabulous opportunity to learn about con law from someone who does this work every day.

Here is some info on Jorden:

Jordan Lorence serves as senior counsel with Alliance Defending Freedom where he plays a key role with the Advocacy Research and Innovation Team. His work encompasses a broad range of litigation, with a primary focus on religious liberty, freedom of speech, student privacy, conscience rights of creative professionals, and the First Amendment freedoms of public university students and professors.
Lorence argued before the U.S. Supreme Court in the precedent-setting Southworth v. Board of Regents of the University of Wisconsin System case in 1999, challenging the university’s requirement that forced unwilling students to contribute to campus activist groups. He led the challenge to New York City’s ban on private worship services after hours in vacant public school buildings in the long-running Bronx Household of Faith v. Board of Education of the City of New York case.

Summer School--2018

The pier at Sandbridge Beach (photo by Becca Duncan)



I have had a few questions about Summer School, so I thought I would post this short description of the course I am teaching this coming summer during the Second Summer Session.

The course is Con Law II: Religious Liberty and Freedom of Speech. It is a First Amendment course that focuses on religious liberty under the First Amendment--Establishment Clause, Free Exercise Clause and Free Speech as it impacts on ordinary people and groups (for example, public school students, government employees, and speakers wishing access to public fora) who find their speech restricted by government because of the content or viewpoint of the speech.

If you enjoyed our brief discussion of RLUIPA, you should really enjoy this course.

Here is why I am mentioning this: although the course is called Con Law II, please be aware that Con Law I is not a prerequisite. Con Law II is completely independent of Con Law I, and it is perfectly okay to take Con Law II before taking Con Law I. In fact, taking Con Law II in the summer of 2018 may help you hit the ground running when you take Con Law I in the Fall of 2018.

As much as I enjoy teaching Property, Con Law II: Religious Liberty and Freedom of Speech is my favorite class to teach. The issues are extremely interesting and important, and because the law in this area is in a constant state of transition and the Supreme Court is delicately balanced right now, this course is an intellectual feast.

Please don't hesitate to discuss this course with me if you have any questions.

Question for Today--Disproprtionate Impact & EPC

Should the Court hold that any law that has disproportionate racial effects constitutes racial discrimination  which triggers strict scrutiny under the Equal protection Clause? Why or why not?

Hobby Lobby as a Land Use Case

"Hobby Lobby as a Land Use Case: Charting For-Profit RLUIPA Claims" 
NYU Journal of Law & Liberty, Vol. 10, No. 2, 2016, Forthcoming

ROSS CAMPBELL, New York University (NYU), School of Law, Students
Email: rrc323@nyu.edu

Hobby Lobby has provoked much discussion. However, scarce attention has been given to its potential impact on RLUIPA litigation, particularly, the novel possibility of for-profit corporations asserting claims under this statute. There is little reason to suppose that Justice Alito's opinion on the scope of RFRA would not similarly apply to RLUIPA. Therefore, closely-held businesses, from big-box franchises to mom-and-pop shops, may be able to invoke federal protection against zoning decisions that burden their owner's religious exercise. How this complicates the balance of American federalism — by increasing federal interference with traditional state prerogatives over zoning, yet also generating new dialogue on the scope of individual rights — should be discussed and revealed in time.

You Are Invited to See a Legal Theatrical Play

As you may have guessed, I love both the law and the theatre. And what could be better than a theatrical play about Justice Scalia and his debates in chambers with one of his law clerks who disagrees with him about practically everything. And yet they respect each other.

So, I am showing a streaming version of The Originalist for my Con Law Seminar this Thursday at 4:30 PM in Room 113. I saw this play performed live (from the front row) in DC, and I have also viewed the streaming version. Both were excellent.

 With the permission of my seminar class, you (my Property class) are invited to attend. It will start at 4:30 PM on Thursday February 8 in Room 113.

This is optional of course. Just something to attend if you think you might enjoy this.

Handouts Available

The Handouts for Assignment 10. (RLUIPA Handouts 8, 8A and 8B) are available in the Handout Racks near the South Side Faculty Suite. We will not get to these materials until next Thursday or Friday. So, no hurry.

Notice I have also deleted from Assignment 10 the link to the Hobby Lobby case--although it deals with much the same tests under RFRA that we will focus on under RLUIPA, the opinions are just too long and I have decided not to get you bogged down there.

Elvis Is In The Building

I conquered my fear of insurance companies and made it to the Law School.

See you at 12:20 for either Poletown Lives or Blue Hawaii starring Elvis.

Mid-year Exam Results: Fall 2017

 

 

Mid-year Exam Results

Here is the breakdown for the Midyear Exercise:

0 Students scored 100 points

4 Students scored 96 points

2 Students scored 92 points

11 Students scored 88 points

 5 Students scored 84 points

 2 Students scored 80 points

 5 Students scored 76 points

 1 Student scored 72 points

 3 Students scored 68 points

 2 Students scored 64

 4 Students scored 60 points

 

 2 Students scored 56 points

 2 Students scored 52 Points
 

2  Students scored 48 Points

2  Students scored 44 Points

The test median was 80 points.

Pay no attention to the arbitrary "quartiles."  They are meaningless. Totally meaningless. The only thing that "counts" is the number of points you scored out of a possible 100 points.