This is the webpage for Professor Freyermuth's Spring Semester 2013 Property course. Classes meet this semester in Classroom 5, on Monday through Friday from 8:10 a.m. to 9:15 a.m.
Click here for the Course Syllabus, which has information about class policies, the casebook, and recommended supplemental readings. NOTE: As of March 4, the Syllabus now includes an updated schedule for course meetings for the rest of the semester (weather permitting!).
Monday, May 13: Here is a copy of the cover page of the in-class portion of the final exam, and here is a copy of the cover page for the take-home portion. The instructions for each portion of the exam are included on the respective cover pages, and you should review them prior to the beginning of the exam.
I will have a Q&A session on Tuesday, May 14, at 2:00 p.m. in Room 7.
Friday, April 26. Several of you have asked about the essay questions on the exam and whether I have old exams available. While I don't release old exams, I have compiled a set of questions that I have used on prior exams (including questions from the last two take home exams), so that you can get an idea for the type of questions I tend to ask. Here's the essay examples.
In addition, here are six sample "short answer" questions that I have used on prior exams.
Friday, April 26. Here's a news report about a new Second Circuit Court of Appeals decision involving a dispute between photographer Patrick Cariou and Richard Prince, an "appropriation artist" who used many of Cariou's photographs in preparing paintings and collages, over whether Prince's use of Cariou's photographs were sufficiently "transformative" to qualify for protection under the "fair use" standard of copyright law.
Thursday, April 25. There were several e-mail questions after class today suggesting some confusion about the holding in Lamden and its application to several different types of liability claims by a unit owner. So I've put together the following Q&A memo with several hypothetical examples to try to clarify the different analyses that would follow depending upon the nature of the Board's decision and the type of alleged harm (i.e., property damage or personal injury).
Also, recall that I'll have another voluntary Q&A session tomorrow, after class, Friday, April 26 (9:30-11:00) in Room 5.
Tuesday, April 9: I mentioned in class today that the Department of Housing and Urban Development (HUD) has now issued final regulations governing the ability of a plaintiff to establish liability against a defendant for housing discrimination based upon "disparate impact." I'm providing a link below to an "alert" that a law firm has provided to its clients, which discusses the HUD regulation and some of the potential impacts that the regulation may have on how landlords have to behave (and what policies they can adopt) to comply with the Fair Housing Act. Here's an alert from the Seattle firm of K&L Gates (which is Prof. Rule's old law firm). [This is a good example of the sort of non-billable, unpaid work that lawyers do that is critical both as a potential "business development" tool and as a means of informing the public about the law concerning important public issues.]
Here's a memo with explanations for the various problem sets on estates and future interests for the reading on pages 287-306, and here's another with explanations for the RAP problem sets on pages 315, 318, and 325-326. Prior Q&A memos:
Wednesday, January 30: On Tuesday, I suggested creative advertisers will always be seeking to push the envelope in terms of invoking the persona of celebrities. Here's a good example involving Spirit Airlines and the baseball player everyone loves to hate, Alex Rodriguez, as well as another involving celebrity cook Paula Deen and a rather tasteless ad run by a health club.
Assignment for Class #47, Wednesday, April 17. Pages 553-582.
Assignment for Class #48, Thursday, April 18. Complete pages 553-582, then begin pages 582-609 (Introduction to Covenants Running with the Land: Privity of Estate and the "Touch and Concern" Requirement"). Discussion Questions for pages 582-609.
Assignment for Class #49, Monday, April 22. Pages 582-609 (focusing on the "Touch and Concern" Requirement).
Q&A Session (Voluntary) after class Monday, April 22 (Room 6)
Assignment for Class #50, Tuesday, April 23. Complete pages 582-609, then begin discussing pages 620-645 (Enforcement of Covenants in Owners' Associations; Interpretation of Covenants; Association Management and Liability). Discussion Questions for pages 620-645.
Assignment for Class #51, Wednesday, April 24. Pages 620-645.
Assignment for Class #52, Thursday, April 25. Pages 613-620 and 645-665 (Flexibility, Termination, and Modification of Servitudes and Servitude Regimes). Discussion Questions for pages 613-620 and 645-665.
Assignment for Class #53, Friday, April 26. Pages 613-620 and 645-665.
Assignment for Class #54, Monday, April 29. After completing the prior assignment (finishing the Boyles v. Hausmann case), we will discuss pages 609-613, the "sloppy developer" problem, and the implied servitude doctrine.
Assignment for Class #55, Tuesday, April 30. Read pages 804-813. We will do a brief review of mortgage foreclosure and financing of land, and I will review the Syllabus for (and answer questions about) the upper-level Real Estate Finance class.
Assignment for Class #56, Wednesday, May 1. Read pages 701-708. We will discuss the allocation of risk of loss in contracts for the purchase of real estate, and I will review the Syllabus for (and answer questions about) the upper-level Real Estate Transactions class.
Prior assignments are archived via the Assignments link.