Theory

Question 1

post M’Intosh native property rights

Answer 1

M’Intosh still law – Indian lands held in trust by secretary of state, need gvt permission to buy or sell

Question 2

3 kinds of remedies

Answer 2

damages injunctive declaratory relief

Question 3

soveirgn authority–examples

Answer 3

1) Johnson v. M’Intosh – conquest gives a title which the courts of the conqueror cannot deny, and title must depend on laws of nation it’s in 2) Lobato v. Taylor: to what extent, if any, do US laws have to give respect to laws of past soveirgns? 3) eminent domain, takings

Question 4

Matthew v. Bay Head Improvement Association

Answer 4

F: quasi-public NJ nonprofit limits access to dry sand H: public has right to enjoy tidal lands, this extends to right to gain access through dry sand owned not just by a municipality, but a quasi-public body (policy). Must open assn membership N: dn reach issue of fully private lands but leaves door open that may be nec in future “to satisfy the public need”

Question 5

current state of human-body-as-property law

Answer 5

usu ok compensate for fully renewable body resource (sperm, hair, eggs…)

Question 6

Popov v. Hyashi

Answer 6

F: P began to catch record baseball in upper web of glove but dnh absolute dominion or control, interrupted by attacking mob. D gets from ground H: both have ownership (P prepossessory interest) and H actual

Question 7

constructive delivery of a gift (ex)

Answer 7

eg of key to locked box

Question 8

F: quasi-public NJ nonprofit limits access to dry sand H: public has right to enjoy tidal lands, this extends to right to gain access through dry sand owned not just by a municipality, but a quasi-public body (policy). Must open assn membership N: dn reach issue of fully private lands but leaves door open that may be nec in future “to satisfy the public need”

Answer 8

Matthew v. Bay Head Improvement Association

Question 9

3 types of remedies

Answer 9

damages injunctive declaratory judgment

Question 10

efficiency–examples

Answer 10

1) nuisance: what’s greatest economic and social welfare for everyone? 2) AP: increases alienability bc less uncertain who owns it AND the person who values it most gets it AND the person who gets it will put it to most productive use 3) divisible easements – encourages land use and transferability

Question 11

H: P did not, by mere pursuit, acquire property interest in fox. Would need seizure, mortal wounding, deprive of liberty

Answer 11

Pierson v. Post

Question 12

Pierson v. Post

Answer 12

H: P did not, by mere pursuit, acquire property interest in fox. Would need seizure, mortal wounding, deprive of liberty

Question 13

distributive justice–examples

Answer 13

1) pro implied easements – parties may be bargaining from unequal positions (like landlocked) or not know they need an easement or how to write one 2) present estates/future interests can be bad bc feudalism (concentrate all land w a few), or bad bc ppl dnk how write wills so then everything gets really iluted 3) Robinson v. Diamond majority – you can’t get away w retaliatory eviction by saying you’re going out of business (and similarly, LLT IWH etc help poor ppl)

Question 14

case where Spanish citizens kept title to properties in FL

Answer 14

US v. Percheman

Question 15

legal requirements for gifts

Answer 15

–present intent to transfer title –delivery (physical or constructive) –acceptance

Question 16

Labor and investment - examples

Answer 16

1) professional license minority view 2) IP (labor of your idea) 3) copyright: focus is on originality (not labor/investment) BUT you mixed yourself into that originality

Question 17

unborn spouse trap

Answer 17

ex: O to A for life, then to A’s widow for life, then 5 years later to B+heirs A is measuring life (controls when there’s a widow) A’s interest dn violate bc by the time A dies we’ll know who the widow is but B’s interest does…how long will the widow live? what if that widow dies and he marries someone else?

Question 18

public trust doctrine: def

Answer 18

the beaches (or at least the waters) are for everyone

Question 19

is sperm property?

Answer 19

wasn’t in recent unpublished case – “all my property” to my kids, but fiancee got sperm

Question 20

justifications for property rights (5)

Answer 20

1) first possession 2) labor and investment 3) efficiency 4) distributive justice 5) soveirgn authority

Question 21

F: P began to catch record baseball in upper web of glove but dnh absolute dominion or control, interrupted by attacking mob. D gets from ground H: both have ownership (P prepossessory interest) and H actual

Answer 21

Popov v. Hyashi

Question 22

law of capture

Answer 22

oil drilling: oil migrates and belongs to whoever takes it out. (bc each owner has equal opportunity to develop)

Question 23

First possession – examples (1)

Answer 23

Johnson v. M’Intosh (but Europeans need to possess – contrast US v. Percheman in FL)

Question 24

possible justifications for property rights (5)

Answer 24

first possession labor and investment (inc “mixing”) efficiency distributive justice soveirgn authority

Question 25

Eliff v. Texon Drilling Co.

Answer 25

F: P owned oil rights for reservoir, their oil flowed to neighbors side and then was destroyed by D’s negligence H: law of capture doesn’t absolve D of negligence liability…

Question 26

autonomy – examples

Answer 26

1) any restraint on alienability –limits autonomy of future owners while encouraging autonomy of current owners (RAP tries to balance) 2) outster – are courts interfering w autonomy by protecting the victim spouse? (taken to extreme, interferes w no-faut divorce), and more broadly, letting ppl get divorced w/o encumbrances 3) Robinson v. Diamond dissent – unfair to not let LL go out of business

Question 27

F: Ds took blood and made T cell line, P says it’s still his property bc his body H: P dn retain ownership interest in blood after removed from his body (statute)

Answer 27

Moore v. Regents of UC

Question 28

F: ppl who bought land from tribe directly vs. ppl who bought from US gvt (who had gotten from tribe by treaty) H: –US gvt will not recognize title of lands sold by Indians to individuals. –Natives keep occupancy (legal right) bc –US gvt has exclusive right to acquire lands from Indian nations –Soveirgnty justification–courts bound by principles of own nation –Discovery/conquest –Indians dn own property by European standards and can’t be incorporated into our society

Answer 28

Johnson v. M’Intosh (6 pt Holding)

Question 29

goals/policy (3)

Answer 29

1) autonomy 2) social customs 3) secure expectations

Question 30

Pierson v. Post dissent

Answer 30

–social customs (decide by the arbiter of sportsmen) –good for society: foxes are bad for society so must incentivize killing them

Question 31

Johnson v. M’Intosh (6 pt Holding)

Answer 31

F: ppl who bought land from tribe directly vs. ppl who bought from US gvt (who had gotten from tribe by treaty) H: –US gvt will not recognize title of lands sold by Indians to individuals. –Natives keep occupancy (legal right) bc –US gvt has exclusive right to acquire lands from Indian nations –Soveirgnty justification–courts bound by principles of own nation –Discovery/conquest –Indians dn own property by European standards and can’t be incorporated into our society

Question 32

bundle of sticks (7)

Answer 32

give/sell, divide, exclude, limit, possess, enjoy fruits/profits, destroy

Question 33

public trust doctrine: current status

Answer 33

SC has given it to the states some states: swimming/sunbathing/sand all part of it other states: very limited – just fishing sometimes addressed through prescription/easements or custom of access

Question 34

gifts revocable? (W)

Answer 34

no – not even for engagement rings

Question 35

secure expectations – examples

Answer 35

1) nuisance: tension btwn protecting legit rights of nonowners (who had expectations) and of owners (who also had expecations 2) HOAs/condos/covenants – shouldn’t be too much limitations bc protect expectations of ppl who bought in reliance 3) LL duty to mitigate bad bc he bargained for right to not have to look for a new tenant during this term

Question 36

social customs – ex (1)

Answer 36

Pierson v. Post dissent – decide according to the laws of sport

Question 37

F: P owned oil rights for reservoir, their oil flowed to neighbors side and then was destroyed by D’s negligence H: law of capture doesn’t absolve D of negligence liability…

Answer 37

Eliff v. Texon Drilling Co.

Question 38

“efficiency” def

Answer 38

max economic outcomes AND max social welfare

Question 39

Moore v. Regents of UC

Answer 39

F: Ds took blood and made T cell line, P says it’s still his property bc his body H: P dn retain ownership interest in blood after removed from his body (statute)