Sunday, May 6, 2012
Look around the common law world, and you will see plenty of LLM programmes that include a specialisation in intellectual property. Look around again, and you find it hard to find any that include a specialisation in real property.
Indeed, for LLM programmes based on graduate coursework (as is the case in England, Australia, New Zealand, etc; as opposed to the US-style LLM programmes that involve JD courses), there are few individual courses on real property at all at a graduate level.
Where these do exist, they are often treated as part of "commercial" specialisations or are more"property, trusts and private law" type-courses. Real property doesn't seem to deserve attention on its own.
We can then reflect that most lawyers spend more time dealing with legal issues relating real property than intellectual property (or is this a wrong assumption?)
When did intellectual property overtake real property in the academy? Why? Is it just student supply and demand? And what can we do about it? How do we restore real property to its proper status?