Merrill and Smith's Property: Principles and Policies

By Thomas W. Merrill, Henry E. Smith

ISBN-13: 9781599410111

Availability: In Stock

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Series: University Casebook Series

Brand: Foundation Press

Pages: 1456

Components: 1 Print

Shelf Space: 2 in.

Free Update Period: 90 days

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$196.00

Description

This casebook is designed for a "building block" property course, which serves as a foundation for a student's remaining years in law school and beyond. It presents the subject through vivid cases, including most of those beloved by generations of property teachers.

The book organizes the material in an integrated way, starting with the idea of property as the right to exclude and systematically developing elaborations, exceptions, and counterfoils to this idea. Issues of contemporary relevance, such as intellectual property and regulatory takings, are given relatively pervasive and expansive treatment. The emphasis throughout is on fundamental principles and policy questions.

Features

Summary Of Contents

Preface
Acknowledgments
Table Of Cases
Chapter
1. What is Property?
  1. Two Conceptions of Property
  2. The Trespass/Nuisance Divide
  3. Property and Equity
  4. Restitution
2. Original Acquisition
  1. First Possession
  2. Discovery
  3. Creation
  4. The Principle of Accession
  5. Adverse Possession
  6. Sequential Possession Issues
  7. Competing Original Acquisition Principles
3. Values Subject to Ownership
  1. Personhood
  2. Academic Perspectives on the Domain of Property
  3. Public Rights
  4. Water
  5. Electronic Communications
4. Owner Sovereignty and its Limits
  1. Protecting the Right to Exclude
  2. Exceptions to the Right to Exclude
  3. Other Powers of the Sovereign Owner
5. The Forms of Ownership
  1. Introduction
  2. Divisions by Time
  3. Maintaining the System
  4. Mediating Conflicts over Time
  5. Co–Ownership and Mediating Conflicts Between Co–Owners
  6. More on Marital Interests
6. Entity Property
  1. Entity Property: Possessory Rights
  2. Entity Property: Nonpossessory Interests
7. Security Interests
  1. Introduction
  2. Security Interests in Land
  3. Security Interests in Bankruptcy
8. Title Records and the Transfer of Property
  1. Nemo Dat
  2. The Good Faith Purchaser
  3. Proving Ownership
  4. Recording Acts
  5. The Limits of Title Searches
9. The Law of Neighbors
  1. Nuisance
  2. Servitudes
  3. Zoning and Other Land–Use Regulation
10. Property as an Instrument of Social Policy
  1. Copyright and Other Term–Limited Intellectual Property Rights
  2. Individual Transferable Quotas (ITQs) and the Destruction of Ocean Fisheries
11. Government Forbearance
  1. The General Problem
  2. Due Process
  3. Nonconstitutional Means of Assuring Government Forbearance
12. Takings
  1. Eminent Domain
  2. Regulatory Takings—The Basic Contours
  3. Regulatory Takings—Extensions and Applications
Index