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September 10, 2012
Iglesias on Teaching Property
Tim Iglesias (San Francisco) has posted Reunifying Property in the Classroom: Starting with the Questions, Not the Answers on SSRN. Here's the abstract:
This
essay argues that the myriad property doctrines and rules are answers to
several consistent legal questions, and that these questions provide a
useful framework for teaching Property law. The problem with Property
Law courses is that we cover a slew of topics in which we load students
up with a wide variety of (often conflicting) answers to these questions
without ever revealing that all of the doctrines and rules are
responses to the same set of questions.
The proposed framework
offers the questions as reference points for navigating the sea of
common law Property doctrines and rules. A student still must deal with
the treacherous straits of the Rule Against Perpetuities and similar
difficulties. However, using the framework of questions she can always
look up to see key questions and thereby orient and guide herself to an
answer (or set of possible answers).
Steve Clowney
September 10, 2012 | Permalink
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