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Friday, January 6, 2006

Are Common Interest Communities Property's LLCs?

When the spring semester starts on Monday, I'll be teaching Property and Business Organizations.  As I was getting my syllabi together, I was struck by the thought that Common Interest Communities are the property equivalent of LLCs, in that everyone acknowledges that they are incredibly important but that they are under-taught in the core law school curriculum.  Over the past five or ten years, LLCs have become the dominant form of American business organization.   The material on LLCs in most Bus Orgs casebooks, however, is minimal, in part because there haven't been many LLC cases litigated in the courts.  It seems to me that the situation with Common Interest Communities is similar, though there isn't a shortage of CIC cases.  CICs have been around for a long time, but have really taken off more recently.  I'm not sure we've caught up in how we teach Property to our students.

Ben Barros

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