Aspen Publishing

Property: Cases and Materials, Fourth Edition

James Charles Smith, Edward J. Larson, John Copeland Nagle


  • ISBN: 9781454892977

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  • Description

    Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks.

    Property: Cases and Materials features sweeping coverage in a single volume, from “old property” (such as the basics of estates in land and servitudes) to “new property,” including intellectual property, cultural property, and property in living things. The text provokes debate on fundamental questions such as the creation of property, information as property, collective vs. individual rights, and property as related to other bodies of law. Its coverage of intellectual property shows how the law grows and responds to social and technological change. Designed for flexibility, stand-alone chapters can be omitted if time constraints require. Property: Cases and Materials includes appellate decisions, statutes, regulations, administrative decisions, law review articles, and non-legal materials. Principal cases include Elvis Presley International Memorial Foundation v. Crowell, Popov v. Hayashi (Barry Bonds home run ball); People v. Chubbs (software for DNA matching), and Dred Scott v. Sandford.

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  • Additional Product Details
    Publication Date: 2/23/2018
    Copyright Year: 2018
    Pages: 906
    Connected eBook with Study Center + Print Book: 9781454892977
    Connected eBook with Study Center: 9781543822823

    Detailed Table of Contents (PDF Download)

    Summary of Contents


    Chapter 1. The Emergence of Property Rights
    Chapter 2. Personal Property
    Chapter 3. Protecting Possession
    Chapter 4. Intellectual Property
    Chapter 5. Property in Living Things
    Chapter 6. Present Estates
    Chapter 7. Future Interests
    Chapter 8. Concurrent Ownership
    Chapter 9. Landlord and Tenant
    Chapter 10. Real Estate Transfers
    Chapter 11. Private Land Use Restrictions
    Chapter 12. Government Land Use Restrictions
    Chapter 13. Natural Resources
    Chapter 14. Takings

    Table of Cases

  • Author Information

    John C. Nagle

    John Copeland Nagle was named the John N. Matthews Professor in 2005. He joined the Notre Dame law faculty as an associate professor of law in 1998 and became a full professor in 2001. He was the law school’s inaugural Associate Dean for Faculty Research from 2004 to 2007.
    Professor Nagle is the co-author of casebooks on &"Property Law” and &"The Law of Biodiversity and Ecosystem Management,” and of a forthcoming environmental law casebook. His book &"Law’s Environment: How Environmental Law Affects the Environment,” will be published by Yale University Press in 2008. He is also writing a book comparing environmental pollution, cultural pollution, and other kinds of &"pollution.” His other writings have explored such topics as the relationship between religion and environmental law, the scope of congressional power to protect endangered species, alternative approaches to campaign finance reform, and the competing roles of Congress and the courts in correcting statutory mistakes. His articles on environmental law, statutory interpretation, and election law have been published in journals such as the Yale Law Journal, the Columbia Law Review, the Michigan Law Review, the University of Pennsylvania Law Review, and the New York University Law Review.
    Professor Nagle teaches a number of courses related to environmental law, legislation, and property. In 2002, he received a Distinguished Lectureship award from the J. William Fulbright Foreign Scholarship Board to teach environmental law and property law at the Tsinghua University Law School in Beijing. He has received another Fulbright award to teach environmental law at Fudan University in Shanghai during the spring of 2008. Professor Nagle has lectured on environmental, legislation, and property issues at numerous forums in the United States, Canada, China, and Hungary.
    Prior to joining the Notre Dame faculty, Professor Nagle was an associate professor at the Seton Hall University School of Law from 1994 through 1998. He also worked in the United States Department of Justice, first as an attorney in the Office of Legal Counsel where he advised other executive branch agencies on a variety of constitutional and statutory issues, and later as a trial attorney conducting environmental litigation. Professor Nagle served as a law clerk to Judge Deanell Reece Tacha of the United States Court of Appeals for the Tenth Circuit, and he was a scientific assistant in the Energy and Environmental Systems Division of Argonne National Laboratory. He is a graduate of Indiana University and the University of Michigan Law School.
    Professor Nagle has participated in numerous activities outside of the law school. He has served as a member of the executive committee of the Section on Legislation of the American Association of Law Schools, and as a vice chair on the Endangered Species Committee of the American Bar Association’s environmental section. He helps organize the annual meeting of the Law Professors’ Christian Fellowship. He has served as an elder in the Presbyterian church and is an active member of the South Bend Christian Reformed Church. He is the faculty adviser for the Christian Law Students, the Journal on Legislation, and Young Life.

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    James C. Smith

    James C. Smith joined the faculty of the University of Georgia School of Law in 1984 and was named the John Byrd Martin Chair of Law in 1997. He specializes in property, real estate transactions and commercial law.
    Smith's scholarship includes several books: Property: Cases and Materials (with professors Larson, Nagle and Kidwell), Real Estate Transactions: Problems, Cases and Materials (with Professor Malloy, 2d ed. 2002), Federal Taxation of Real Estate (with Professor Samansky, 2005) and Neighboring Property Owners (1988, with supplements 1990-2005). In addition, Smith has assumed authorship of the best-selling treatise on real estate law, Friedman on Contracts and Conveyances of Real Property ,the seventh edition of which was published in 2005. He has also published numerous articles and book chapters and has served as a fellow of CALI (Center for Computer-Assisted Legal Instruction) to develop electronic teaching materials for property.
    Smith is frequently invited to give guest lectures and to make presentations at academic conferences, and he serves in leadership positions in a number of professional organizations, including the American Bar Association and the Association of American Law Schools. Smith also takes an active role in advising policymakers. He has testified before Congress on four occasions: twice regarding a proposed bill to exempt certain federal workers from state income tax, and twice regarding state taxation of nonresidents' pension income.
    Smith earned a bachelor's degree from St. Olaf College and a law degree from the University of Texas. He then served as a law clerk for Judge Walter Ely of the 9th Circuit U.S. Court of Appeals in Los Angeles, and practiced for four years as an associate with Baker Botts in Houston, TX. Prior to joining the UGA law faculty, Smith was an assistant professor at the Ohio State University College of Law. He has also been a visiting professor at the University of Alabama, the University of Texas, Washington University School of Law, the University of Iowa, the University of Reading (England), the University of Regensburg (Germany), and the Instituto Tecnológico Autónomo de México (ITAM) in Mexico City.

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    Edward Larson

    Prior to joining the Pepperdine School of Law, Professor Larson was the Russell Professor of History and Talmadge Professor of Law at the University of Georgia. He received the 1998 Pulitzer Prize in History.
    Professor Larson specializes in law, science and technology, and health care law. The author of five books and over forty published articles, Professor Larson writes mostly about issues of science, medicine, and law from an historical perspective. His books are Evolution: The Remarkable History of a Scientific Theory (2004), Evolution's Workshop: God and Science in the Galapagos Islands (2001), Sex, Race, and Science Eugenics in the Deep South (1995), Trial and Error: The American Controversy Over Creation and Evolution (1985, 1989, 2003 rev. ed.) and the Pulitzer Prize-winning Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion (1997). His articles have appeared in such varied journals as Nature, Scientific American, Atlantic Monthly, The Nation, Wall Street Journal, Virginia Law Review, Christianity Today, Christian Century, Journal of the History of Medicine and British Journal for the History of Science. He has also co-authored or co-edited an additional five books, including a property law casebook published in 2004.
    The Fulbright Program named Professor Larson to the John Adams Chair in American Studies for 2001, and he taught two seminars in American legal history and American science policy while at the University of Leiden in Holland. Professor Larson received the George Sarton Award from the American Association for the Advancement of Science in 2000, honoring an historian of science for a body of work. He also received one of University of Georgia's highest honors for scholarship when he was presented with the Albert Christ-Janer Creative Research Award in spring 2001. He has taught in Austria, China, France and New Zealand. A frequent speaker, Professor Larson has presented named or funded lectures at dozens of colleges or universities, including California Institute of Technology, Penn State University, University of Oklahoma, University of Minnesota, University of Wisconsin, and Vanderbilt University. He has given papers at dozens of academic conferences in the United States, Europe, Canada, and Australia, and legal and medical education talks to professional legal, judicial, and medical groups throughout America. He is interviewed frequently for broadcast and print media, including feature appearances on the Today Show, Booknotes, Nova, PBS News Hour and various BBC and NPR programs.
    Professor Larson also served as associate counsel for the U.S. House of Representatives Committee on Education and Labor (1983-89) and as an attorney with Davis, Wright & Tremaine in Seattle (1979-83).

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