Assignments for the Week of August 18:
- Thursday, August 21: Please make sure to read the Ground Rules on the course web page. In addition, please read Section I.A.1 and I.A.2 of the Assignment Sheet.
- Friday, August 22: No additional reading; discussion on Thursday’s assignment continues.
In addition to discussing the cases, be prepared to discuss the following:
- Would the following have access and under what conditions:
- Individuals seeking to enter for the same reasons as Shack and Tejeras
- A person selling TVs
- A nun handing out union literature
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Assignments for the Week of August 25:
- Tuesday, August 26: We will complete our discussion of the Florida migrant farmworkers statute, including these questions:
- Would the brother of a migrant farmworker who wanted to stay in the room of his brother for a few days or a week visiting (or maybe looking for work in the area) have a right to do so?
- What if the migrant farmworker’s brother complained to the Department of Health that the toilets in the camp often backed up with sewage and were causing a health hazard, and the migrant farmowner angrily told the brother to get out as soon as he heard about his complaint? What if the farmowner told the migrant farmworker whose brother complained to get out?
- What remedies does the statute provide for violations?
In addition, please Section I.B. of the Assignment Sheet. With regard to Moore, consider:
- Is the Court correct in holding that there should be a cause of action for breach of fiduciary duty? What benefit, if any, does this holding give Moore?
- Who has the better argument as to whether the existing tort of conversion covers the facts that Moore alleged?
- Leaving aside what the law might be as of the time the case was decided, do you think that Moore had a legitimate claim for a share of the profits? What effect, if any, would granting such a claim have on research in the area?
- Which institution -- the courts or the legislature -- should decide the issues raised in Moore?
- Thursday, August 28: We completed our discussion of the material in Section I.B.
- Friday, August 29: Please read Section I.C. of the Assignment Sheet. We will discuss the questions at Supp. 18.
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Assignments for the Week of September 1:
- Tuesday, September 2: Please read Section II.A.1 of the Assignment Sheet. Our main focus will be on the material at CB 95-105, but you should be familiar with the material at CB 106-112 as well.
- Thursday, September 4: Please read the material in Section II.A.2 of the Assignment Sheet.
- Friday, September 5: Complete our discussion of the material in Section II.A.2 of the Assignment Sheet. Begin our discussion of the material in Section II.A.3.a of the Assignment Sheet, focusing on CB 112-129.
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Assignments for the Week of September 8:
- Tuesday, September 9: We will discuss the material in Section II.A.3.a of the Assignment Sheet. We will focus particularly on Van Valkenburgh, which we began to discuss last week, Manillo v. Gorski, and Howard v. Kunto.
In addition, we will discuss some hypotheticals relating to tacking and disability:
- Consider the following sets of events in a state with a 12-year adverse possession statute of limitations:
- First set:
- 1995: A occupies Blackacre, land belonging to T.
- 2005: A conveys “all my interest in Blackacre” to B
- 2008: T sues to eject B.
- Second set:
- 1995: A occupies Blackacre, land belonging to T.
- 2005: B ejects A.
- 2008: T sues to eject B.
- Third set:
- 1995: A occupies Blackacre, land belonging to T.
- 2005: T sells Blackacre to T1.
- 2008: T1 sues to eject A.
- Consider the following events:
- 1970: T is sentenced to 30 year years in prison.
- 1971: AP occupies land belonging to T.
- 2000: T is released from prison.
- 2008: T sues to eject AP.
How would this come out under the statute at CB 142-143?
- Consider the following events:
- 1970: AP occupies land belonging to T.
- 1971: T is sentenced to 30 year years in prison.
- 2001: T is released from prison.
- 2008: T sues to eject AP.
How would this come out under the statute at CB 142-143?
- Should there be a disability exception in an adverse possession statute?
- Thursday, September 11: We will complete our discussion of the material in Section II.A.3.a of the Assignment Sheet.
- Friday, September 12: We will discuss the material in Section II.A.3.b (the Florida statute). With regard to the statute, consider:
- Imagine a set of facts of Florida in which the would-be adverse possessor did everything the Lutzes did on the triangular parcel of property, and the original title holder to that parcel brought suit to eject the Lutzes in 1946. How would you analyze that under the Florida Statute?
- How would you analyze the facts of Howard v. Kunto under the Florida statute?
- Be prepared to discuss the questions at Supp. 27-28.
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Assignments for the Week of September 15:
- Tuesday, September 16: We will discuss the material II.B.1. Please be prepared to discuss the questions at CB 158 (first three paragraphs of note 1); the Gruen case (CB 166); and Newman v. Bost (CB 159).
- Thursday, September 18: Please read the material in II.B.2.a and II.B.2.b.i.
- Friday, September 19: Please read the material in II.B.2.b.ii.
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Assignments for the Week of September 22:
- Tuesday, September 23: We will discuss the hypothetical in II.B.2.b.iii, the material in II.B.2.c., and the material in II.B.2.d.
- Thursday, September 25: Please read the material in II.B.2.e. I anticipate that we will be able to start the material in II.B.3 as well, focusing on the problems at Supp. 54-55. Note: There is a typo in the Assignment Sheet. The reference to “Supp. 49-50” should be to “Supp. 54-58.” You will need to print out pages 54-58 of the Supplement.
- Friday, September 26: We will continue our discussion of II.B.3. We will focus on the problems. Problem 11 is optional. It’s helpful to read the material at CB 559-565, 580-583, 603-604 (Notes 1 &2), and CB 532 before tackling the problems; you can hold off on Waldorff and related materials (CB 608-612) until Tuesday.
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Assignments for the Week of September 29:
- Tuesday, September 30: Class cancelled.
- Thursday, October 2: We will continue the discussion of the material in II.B.3.
- Friday, October 3: We will complete the discussion of the material in II.B.3. Please read the material in III.A & III.B.1. Note: References to the “Guide” in the Assignment Sheet are to the Laurence & Minzner book.
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Assignments for the Week of October 6:
- Tuesday, October 7: Please read the material in III.B.2 & 3.
- Thursday, October 9: No class.
- Friday, October 10: Please read the material in III.B.4 & 5.
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Assignments for the Week of October 13:
- Tuesday, October 14: Please read the materials in III.C.1. Note: I have made available some comments on the grants at Supp. 59-60 (see Casebook and Other Materials). The comments cover the ones that we have already covered, as well as ones we will cover this week. I strongly suggest that you not read the comments on the ones we have not covered until after you first try to figure out the grants yourself.
- Thursday, October 16: Please read the materials in III.C.2. Note: There is a typo in the Assignment Sheet. The reference to “Supp. 87-90” should be to “Supp. 90-93.”
- Friday, October 17: Please read the materials in III.D.1.
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Assignments for the Week of October 20:
- Tuesday, October 21: We will complete our discussion of the materials in III.D.1. In addition, please read the materials in III.D.2. Note: I have made available some comments on the Perpetuities Problems at Supp. 97 (see Casebook and Other Materials). The comments cover the ones that we have already covered, as well as ones we will cover this week. I strongly suggest that you not read the comments on the ones we have not covered until after you first try to figure out the problems yourself.
- Thursday, October 23: We will complete our discussion of the materials in III.D.2. In addition, please read the materials in III.E.
- Friday, October 24: We will complete our discussion of the material sin III.E. and cover the material in IV.A. and IV.B.1. Note:
- In IV.A., it should say “CB 363-365,” rather than “CB 363-364.”
- In IV.B.1, we will first cover the problems at Supp. 109, and then go on to the cases involving the reasonableness of the landlord’s decision whether to permit assignment or subletting.
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Assignments for the Week of October 27:
- Tuesday, October 28: We will complete our discussion of the material in IV.B.1. In addition, please read the material in IV.B.2 and IV.B.3.a.
- Thursday, October 30: Please read the material in IV.B.3.b.
- Friday, October 31: We will complete our discussion of the material in IV.B.3.b. Please also read the material in IV.B.3.c.
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Assignments for the Week of November 3:
- Tuesday, November 4: One last matter on the Florida Landlord-Tenant Statute. Suppose a landlord deliberately cut off the water to a rental house in order to force a tenant out. What would § 83.67 (Supp. 131) provide in that case? What if the landlord cut the water off for a day in order to do repairs? In addition, please read the material in V.A.1. (Note: you will need the new Assignment Sheet, Cumulative Assignment Sheet No. 3. See “Casebook and Other Materials.”)
- Thursday, November 6: Please read the material in V.A.2 and V.B.1.
- Friday, November 7: Please read the material in V.B.2 and V.C.1.
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Assignments for the Week of November 10:
- Tuesday, November 11: We will complete our discussion of the material in V.C.1. In addition, please read the material in V.C.2.
- Thursday, November 13: We will complete our discussion of the material in V.C.2. Note: The Dean of Students Office will conduct the class evaluation this day. It will take the first 10-15 minutes of class. I will arrive after the evaluations are completed.
- Friday, November 14: Please read the material in V.C.3 & V.C.4.
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Assignments for the Week of November 17:
- Tuesday, November 18: We will complete our discussion of the material in V.C.4. (the Pocono case: consider what reasons there might be for the rule that you can’t abandon real property; also consider what, practically, the MacKenzies might do to gain relief after the court decision). In addition, please read the material in VI.A. of the Final Assignment Sheet (see “Casebook and Other Materials” above).
- Thursday, November 20: Please read the material in VI.B.1.
- Friday, November 21: Please read the material in VI.B.2.
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Assignment for the Week of November 24:
- Tuesday, November 25: Please read the material in VI.C.3.
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