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Property Treatise – Thoroughly Updated and Revised This overview of property law addresses both classic and contemporary topics covered in the first-year property course in a clear, accessible format. The book offers clear explanations of property law through textual treatment, with numerous examples, analytical discussion of key cases, and issues followed by hypotheticals. The book places emphasis on disagreements among states about the applicable rules of property law, with explanations of the conflicting issues With extraordinary clarity and insight, Joseph William Singer has written a comprehensive overview of the rules and doctrine of property law. The numerous examples and hypotheticals in Property, Sixth Editioncontribute to a rich pedagogy that illuminates both classic and contemporary topics. For the Sixth Edition, Professor Singer has been joined by Professor Nestor M. Davidson, and the authors have thoroughly updated and revised the treatise to reflect recent developments. Among the Changes New to the Sixth Edition: Recent developments in the law of public accommodations and fair housing on protections against discrimination on the basis of sex, sexual orientation, and gender identity, as well as updates to federal regulatory guidance on fair housing law. Important recent Supreme Court cases on regulatory takings, including Murr v. Wisconsin, on determining the relevant parcel; Knick v. Township of Scott, on the ability to file in federal court without exhausting state-court litigation; and Cedar Point Nursery v. Hassid, on the standard for claims of physical invasion. The challenge of “heirs property” to the loss of Black farmland and the rapid proliferation of the Uniform Partition of Heirs Property Act. Cases testing the limits of lease obligations and the boundaries of regulatory takings with the public-health response to the Covid-19 pandemic. Professors and students will benefit from: Clear explanations of legal doctrine based on research to make sure the rules are up-to-date Attention to both federal and state statutes that regulate property use and transfer Generous use of hypotheticals that illustrate the application of rules and doctrine Analysis of “hard cases” with short summaries of the strongest arguments on both sides of the issue Attention to differences among the states and the reasons why states adopt different rules
This overview of property law addresses both classic and contemporary topics covered in the first-year property course in a clear, accessible format. The book offers clear explanations of property law through textual treatment, with numerous examples, analytical discussion of key cases, and issues followed by hypotheticals. Emphasis is placed on disagreements among states about the applicable rules of property law, with explanations of the conflicting issues. Key Features: New section on the subprime mortgage crisis provides a contemporary look at property law (includes a discussion of the Massachusetts SJC case Commonwealth v. Fremont) Material on the Harry Potter copyright case (Warner Bros. Entertainment, Inc. & J.K. Rowling v. RDR Books) Recent Oregon land-use ballot initiatives regarding property owners' rights (Measures 37 and 49) and their impact A new case on ownership issues surrounding Civil War-era papers once belonging to the governors of South Carolina (Wilcox v. Stroup)
This overview of property law addresses both classic and contemporary topics covered in the first-year property course in a clear, accessible format. The book offers clear explanations of property law through textual treatment, with numerous examples, analytical discussion of key cases, and issues followed by hypotheticals. Emphasis is placed on disagreements among states about the applicable rules of property law, with explanations of the conflicting issues. Features: New sexual orientation antidiscrimination statutes and updates on same-sex marriage law, including United States v. Windsor Updates to regulatory takings law, including new Supreme Court rulings in Stop the Beach Renourishment, Koontz, and Arkansas Game and Fish Commission New prohibitions on transfer fee covenants Continued updates on subprime mortgage law and court cases regarding MERS New developments on nuisance and trespass law in the context of pollution and toxic waste New HUD regulations on disparate impact claims under the Fair Housing Act
Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Ninth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a rich visual design, compelling cases, and timely coverage of contemporary issues. In the Ninth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. Key Benefits: A new chapter on the Intellectual Property/Property relationship, that gives students a taste of patent law, copyright law, trademark law, and trade secrets law. The chapter highlights the differences and similarities among the legal treatment of real, chattel, and intellectual property. A dynamic, two-color designed casebook that encompasses cases, text, questions, problems, examples and numerous photographs and diagrams. Extended coverage of major recent Supreme Court decisions, including Murr v. Wisconsin, Horne v. Department of Agriculture, and Marvin M. Brandt Revocable Trust v. United States.
Examples & Explanations: Property, Sixth Edition, is a study aid that offers clear textual introductions to legal terms and concepts in property law, followed by examples and explanations that test and apply the reader’s understanding of the material covered. Both authors have years of experience presenting material in a clear and compelling way. With its rich pedagogy that features boldfaced legal terms and visual aids, Examples & Explanations: Property, Sixth Edition, fills a niche that is distinct from other books. Using a six-part topical organization, accomplished authors Barlow Burke and Joseph Snoe ensure that the rules and doctrines making up the first-year course on the law of property are well covered. New to the Sixth Edition: Revised and rearranged coverage and examples to focus on major points and concepts and to clarify more obscure issues Simplified examples and questions to highlight the main issue A more structured development of Chain of Title problems inherent in recording systems An added discussion of Construction Industry of Sonoma County v. City of Petaluma in the exclusionary zoning section Incorporation of the Department of Justice’s regulations and examples interpreting the Religious Land Use and Institutional Persons Act Expanded guidance on the Wireless Communication Facilities Act Reorganization of the chapter on Takings to emphasize how exceptions build on the Penn Central Transportation Co. v. New York City ad hoc factors Discussion on Muir v. Wisconsin in the Takings analysis (states’ ability to conceptually merge parcels to defeat a Takings claim) Follow-ups on the effect (or lack thereof) of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection Brief discussion of Marvin M. Brandt Revocable Trust v. United States in easement chapter (whether a railroad abandoning a strip of land held an easement or a fee simple determinable) Clarification and expansion of the discussion of landlord-tenant issues
This workbook provides a basic, systematized account of the rules and classifications of estate law. Problem sets in each chapter let students practice applying the rules and assigning the classifications of this intricate area of law in hypothetical situations. Features: Comprehensive problem sets for each chapter (550 problems total) with fully explained and analyzed answers in every chapter help to simplify this complex area of property law, and build student confidence more than a simple hornbook or other commercial study guide Coverage of major statutory and judicial reform of the RAP (Rule Against Perpetuities) will insure that this book will not be out of date by the time students prepare for the bar exam Dynamic learning philosophy which espouses that students should focus first on the classifications of estates and future interests, then the rules governing these classifications, and only then the RAP, since the RAP builds upon the classifications and rules. The book explains these rules and provides problems and answers that carefully lead students from one difficult plateau to the next Ideal for students in both first-year Property as well as Wills and Trusts--the chapter on powers of appointment is useful to the latter Coverage of all the rules as they are applied today, with historical background of the law Systematic organization of the common law Concise and clear explanations of classifications of interests and estates Can be used in conjunction with any property casebook or Wills, Trusts, and Estates casebook Correlation chart matches the material with its coverage in several popular first-year property casebooks: Casner, Dukeminier, Singer, Kurtz, Cribbet, Makdisi, Freyermuth, and Smith New to the Sixth Edition: Removal of discussion of Fee Tails to appendix (including problems and answers), in light of the rarity of fee tail problems today, and of the fact that they do occur, they are transformed in nearly every jurisdiction into some form of life estate and/or fee simple Separation of Ch. 1 into two chapters for an easier introduction to the concepts: Classification of Estates (Ch. 1), and Classification of Future Interests (Ch. 2) More than 50 new problems and answers, with refined answers to existing problems Explanation of how several rules are used in different states (including whether a majority or minority of states use a particular rule) Updated and expanded Correlation chart including new casebooks (Makdisi, Freyermuth, and Smith)
"Property casebook with clearly marked pedagogy and ample explanatory text"--
Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids