Prof. Klerman
Spring 2020
Significant recent changes are highlighted
I will hold class at the usual time – 3:30-5:30 — by zoom. I will also hold office hours at the usual time – 2:15 -3:15 – by zoom. See emails for zoom info. I am not posting it here to prevent zoombombing. If I have set it up correctly, you will be able to use the same info for all classes and all office hours for the rest of the semester.
Extra materials on Coase Theorem and Calabresi & Melamed:
Polinsky on Coase
Prof. Altman video on Calabresi & Melamed
Course Description
This is an introductory, first-year course that introduces students to the basic doctrines and theories of property law.
Learning Objectives
♦ Understand and apply basic rules of property law relating to nuisance, eminent domain, leases, and other topics on the syllabus
♦ Understand the policies underlying basic rules of property law and how to incorporate them into legal argument
♦ Understand basic theories of property law and how to incorporate them into legal argument
♦ Formulate and respond orally to legal arguments about property law
♦ Write clearly about property law
Professor Klerman’s Office Hours
Mondays 2:15-3:15PM in Law 460
I will also try to stay after each class to answer questions and continue class discussions.
Prof. Klerman’s Contact Information
Email: dklerman@law.usc.edu
Phone: (213) 740-7973
Fax: (213) 740-5502
Office: Law 460
Mailbox: Law 305
Teaching Assistant Office Hours
Thurdays 9-10AM in Law Library Study Room 307A
You can also email a TA to schedule a meeting. (See email addresses below)
Teaching Assistant Names and Email Addresses
Alisha Nguyen, alisha.nguyen.2021@lawmail.usc.edu
James Robichaud, james.robichaud.2021@lawmail.usc.edu
Abby Sellers, abigail.sellers.2021@lawmail.usc.edu
Prof. Klerman’s Assistant, Hannah Pae
Email: hpae@law.usc.edu
Phone: (213) 740-2548
Office: Law 465
Note that Hannah Pae is not a law student. She is a full-time USC employee. In some places, she might be called a secretary.
Class Schedule and Materials
The topics to be covered in each class are tentative and subject to change at any time. Note that class will go until at least 5:20 (so you can have a 10 minutes break) and probably until 5:30 (so that I can cancel a class or two without scheduling a make up). In the table below, “R” means recording, “S” means slides, “M” means model answers, “E&E” refers to chapters in Burke & Snow, Property: Examples & Explanations (6th ed. 2019), and “EmMBE” refers to questions in the Real Estate chapter of Emmanuel’s Strategies & Tactics for the MBE (7th ed. 2020). Note EmMBE questions 8, 15, 20, 22, 27 & 28 relate to topics not taught in this class. Questions posted on 4/12 are underlined.
Class | Topic/Readings | S | M |
E&E | R | EmMBE | ||
I. Introduction | ||||||||
1. M.1/13 | Johnson v. M’Intosh | 1S | 1M | |||||
II. What Is Property and Why Does the Law Protect It? | ||||||||
2. W.1/15 | The Right to Exclude | 2S | 2M | |||||
M.1/20 | No Class. M.L. King Day | |||||||
3. W.1/22 | Intellectual Property | 3S | 3M | |||||
4. M.1/27 | Body Parts | 4S | 4M | |||||
III. Property Transfers | ||||||||
5. W.1/29 | Real Estate Transactions | 5S | 5M | 21-24 | 1,9,13,17,25,31 32,33,46,47,52 53,60,67,68,69 |
|||
6. M.2/3 | Recording (.mov .wav) | 6S | 6M | 25 | 12,37,38,39,41, 63 |
|||
7. W.2/5 | Recording | 7S | 7M | |||||
8. M.2/10 | Adverse Possession | 8S | 8M | 8 | 26,54,65 | |||
9. W.2/12 | Good Faith Purchasers | 9S | 9M | 5 | ||||
M.2/17 | No Class. Presidents’ Day Holiday | |||||||
IV. Externalities and their Control | ||||||||
10. T.2/18 | Nuisance I | 10S | 10M | 26 | ||||
11. W.2/19 | Nuisance II | 11S | 11M | |||||
12. M.2/24 | Covenants | 12S | 12M | 29-30 | 24, 49 | |||
V. Takings | ||||||||
13. W.2/26 | Eminent Domain | 13S | 13M | 34 | ||||
14. M.3/2 | Regulations | 14S | 14M | |||||
15. W.3/4 | Conditions | 15S | 15M | |||||
VI. Divided Ownership | ||||||||
16. M.3/9 | Easements | 16S | 16M | 27-28 | 3,11,34,43, 41,62 | |||
17. W.3/11 | Mortgages | 17S | 17M | 23 | R | 4,6,14,20, 30,44,70 |
||
M.3/16 | No Class. Spring Break | |||||||
W.3/18 | No Class. Spring Break | |||||||
18. M.3/23 | Future Interests | 18S | 18M | 9-11 | R | 2,18, 23,42, 55,57,59 |
||
19. W.3/25 | Rule Against Perpetuities & Qs | 19S | 19M | 12 | R | 40,45,48,50, 61,64,66 |
||
20. M.3/30 | Bailments | 20S | 20M | 4 | R | |||
21. W.4/1 | Finders | 21S | 21M | 3 | R | |||
22. M.4/6 | Co-Ownership | 22S | 22M | 13 | R | 5,7,19,21,29 35,56,58 |
||
23. W.4/8 | Marital Property | 23S | 23M | 14 | R | |||
24. M.4/13 | Leases Cal Form Lease |
24S | 24M | 15-18 | R | 10,36 | ||
25. W.4/15 | Habitability & Discrimination | 25S | 25M | 19 | R | 16 | ||
26. M.4/20 | Rent Control, Density Restrictions, and Homelessness | 26S | 26M | R | ||||
VII. Property, Norms, and Development | ||||||||
27. W.4/22 | Ellickson and De Soto | 27S | 27M | R | ||||
VIII. Review (Optional) | ||||||||
M.4/27 | TA-led Review Class (2018 Exam) (3:30-5:30) (Optional) 2018 Exam |
28S | 28M | R | ||||
W 4/29 | Extra Prof. Klerman Office Hours (3:30-5:30) (Optional) | |||||||
Su 5/3 | Prof. Klerman Q&A & Office hours. (1PM-6PM) (Optional) | R |
Lunches
I will be organizing lunches with small groups of students roughly every other week. Sign-up sheets will be available in class. Lunches are mostly in Library Study Room 212, but will occasionally be elsewhere. Lunches will usually take place on Wednesdays starting at noon. Discussion need not be limited to Property. In fact, I hope it’s not. To preserve an informal atmosphere, I will limit lunch to 10 students. Please bring your lunch or purchase it before noon.
Attendance
Because I will be posting an audio recording of each class as well as my PowerPoint Slides and model answers, it may be tempting to skip class. To counteract that temptation, class attendance is mandatory.
Class Participation
Participation in class discussion is an essential part of the learning process, because it helps you get more comfortable with public speaking and thinking on your feet, and because listening carefully to answers provided by fellow students helps you see things from different perspectives. My emphasis on class participation and writing (below) reflects my view that students learn most when they actively engage rather than passively read and listen. This view goes back at least to Benjamin Franklin, who wrote, “Tell me and I forget. Teach me and I remember. Involve me and I learn.” I will call on students randomly, whether they volunteer to answer a particular question or not. I will sometimes ask for volunteers. If you are particularly anxious about being called on in class, please talk to me so that we can find a way to make you more comfortable.
Email My Assistant if You Will be Absent or Unprepared
If you are unprepared for class or you know you will be absent, please e-mail my assistant, Hannah Pae, hpae@law.usc.edu, well before class begins (at least 15 minutes before class starts, and preferably the night before). It is better for everyone if I do not call on someone who is absent or unprepared. If you email Hannah for this purpose, please put “Property” in the subject line so that she knows to read your email before class begins.
Laptops and Other Screens
Devices with screens — laptops, tablets, cellphones, eReaders, iPads, Kindles, and similar devices — may not be used during class for notes or for any other purpose. While in class, please focus on thinking, not note taking. To make most note taking unnecessary, I will distribute my PowerPoint slides and post an audio recording of each class.
Audio Recordings
Audio recordings of every class will be posted soon after the relevant class has ended. To access recordings, log onto Blackboard and click on “Recordings” in the left panel. You do not need to ask permission from me to access recordings. Recordings of Zoom classes can be found in the Class Schedule and Materials table above.<\mark>
Model Answers
Model answers to all class writing assignments will be distributed after all question have been discussed in class. Distribution will use Hogo, a secure document sharing and distribution service. I wrote these model answers myself. Model answers cannot be printed, downloaded, or shared. This enables me to reuse questions from year-to-year, and ensure that no students have an unfair advantage through access through answers to the prior year’s questions. Even if you figure out how to defeat Hogo’s security provisions, please do not share model answers with students in future classes or anyone else. Giving answers to future students will not really help them (because they will not have the benefit of learning the material themselves) and will cause unfairness.
Blackboard Quizzes
For many classes, I will post some multiple-choice questions to Blackboard. They are in the “assignments” section of Blackboard. These questions are to help you learn the material. They are required, but I do not plan to include your scores in your grades. Nevertheless, please note that I can see if you have completed the quiz and how you did. If I find that a substantial number of students are not completing the Blackboard quizzes or are not taking them seriously, I reserve the right to start including Blackboard quiz grades in your final grade. If I do so, I will announce the change in class, and only quizzes taken after the announcement will count toward your grade. After you “submit” your answer to each question, please be sure to click on “ok” in the lower right hand corner to “review results.” This will tell you if you got the right answer, and it will provide an explanation of the legal reasoning behind the correct answer. This feedback is a key part of why I am putting questions on Blackboard. I want you to get feedback on the easy questions (the ones I put on Blackboard) before you tackle the harder questions (the ones we will discuss in class).
Newspapers and Public Radio
If you don’t already do so, I strongly encourage you to start keeping up with current events by subscribing to a daily newspaper and/or listening to public radio. As a lawyer, you need to understand business, politics and culture in order to understand your clients’ problems and perspectives. In addition, such understanding will help you interview better for jobs, make you a better citizen, and make you a more interesting conversation partner at parties and other events. As a student, you are eligible for substantial discounts. In particular, I recommend:
The Wall Street Journal. $1 per week print and digital subscription.
https://buy.wsj.com/wsjtls17/?trackingCode=aaqntppl&cid=WSJ_SC_NA_SALE_PROF
The New York Times. $1 per week web and smartphone subscription. http://www.nytimes.com/subscriptions/edu/lp8LQFK.html?src=898Q4&campaignId=393W8
KPCC. 89.3 FM. online at www.kpcc.org. Free mobile apps.
Note also that, if you are planning to live in a different city after graduation, you can listen to the public radio station(s) for that city on the web and via free mobile apps. That way you can get relevant local as we well as national and international news. Many cities’ newspapers are also available online, but local newspapers are not a substitute for national newspapers such as the Wall Street Journal and New York Times.
Limited Circulation of Class Materials
Class materials, including model answers, PowerPoint Slides and audio recordings, are for use by Spring 2020 Property students only. You may not share them with future Property students or anyone else. Doing so would be a violation of both USC Law School rules and copyright law. The purpose of this policy is to preserve my ability to reuse some questions in future classes. If model answers, PowerPoint Slides, audio recordings, or other class materials are shared with next year’s class, students with access to those materials will have an unfair advantage and will be deprived of the benefit of working out the answers themselves.
Reading Ahead
I do not recommend reading ahead, because each reading builds upon the prior class’s discussion. So, if, for example, you try to do both Monday’s and Wednesday’s readings over the weekend, you will not be able to fully comprehend Wednesday’s readings, because you will not yet have had the benefit of Monday’s class discussion. If you have extra time, I suggest you review rather than read ahead. If, because of special circumstances, you need to read ahead, please let me know and I will give you the assignment in advance. If your need to read ahead is related to a disability for which confidentiality is desired, please contact the appropriate administrator so that your request can be transmitted to me anonymously.
Research
Unless specifically stated, I neither expect nor encourage you to do legal research when preparing for my class. Legal research is a very important skill, but it is not a significant part of this class. When I assign questions, I expect you to answer them based on class materials. Even when I give you a question that is based on a real case, I discourage you from trying to find the case upon which the question was based. I discourage research for three reasons. (1) I may have changed the facts of a case, so the reasoning in the case may not be applicable to the question I have asked. (2) In class, I am seldom looking for a single right answer. Rather, I am hoping that you will discover several plausible ways of addressing the legal issue. If you find a case on point, you may find one plausible answer to my question, but not other plausible answers. (3) The key goal of this class (and most of your legal education) is to help you learn how to make good legal arguments on your own. If you find legal arguments through research, you won’t develop the skills you need to formulate your own legal arguments. For similar reasons, I discourage you from trying to consult materials from prior years of my class (and former students are forbidden to share them with you).
Writing Assignments
I plan to assign short, graded writing assignments for each class. These assignments serve three very important functions. (1) Writing helps you think more clearly. (2) These writing assignments are good practice for exams. (3) These writing assignments are good practice for the writing you will be doing in your legal careers.
Writing Assignments will be described in PowerPoint slides, which will also state which writing group should do which question(s).
These writing assignments will be short. You will be responsible for roughly two questions per class. Sometimes you will be responsible for three questions. Sometimes you will be responsible for zero questions. If you have written one, thoughtful, single-spaced page (with reasonable font and margins), you may stop and receive full credit, even if you have not fully answered the assigned question or questions. If you answer the assigned question(s) thoughtfully in less than one page, that is also fine. You are also free to write more than one page. In fact, I encourage you to write more than one page, if you think you need more than one page to thoroughly answer the assigned question(s). Nevertheless, if you are pressed for time, you may stop when you have written one page. That is, you are required to either (a) answer the question(s) thoughtfully (whether that takes less than one page or more than one page), or (b) write at least one thoughtful page (even if you don’t fully answer the question(s)). I don’t expect polished prose. I just want to ensure that you are thinking carefully about the issues.
When you submit your writing assignments, please use the following format for the document name:
[Last name][First name][Group number][Number of class for which assignment is due][Short description of assignment]
So, if I was in writing group 1 and was turning in the assignment for the first class on questions relating to Johnson v. M’Intosh, the document would be named:
KlermanDaniel11Johnson
Using this naming convention will make it much easier for the TAs to keep track of your assignments. For the number of the class, see the first column of the Class Schedule and Materials chart above. The relevant class/number is the class when the assignment is due, not the class when it was assigned.
Writing assignments should be submitted in Microsoft Word format by 3:15PM to Blackboard. That is, writing assignments are due 15 minutes before the class where we will discuss the answers. To submit through Blackboard, log on to Blackboard through the my.usc.edu portal or by typing blackboard.usc.edu in your browser’s address box. Select the course (Property), navigate to “Assignments” (left-hand navigation pane), and locate that day’s writing assignment. Upload your assignment in Microsoft Word format and click “Submit.” You will not receive a confirmation email, but you can confirm the assignment was submitted successfully by returning to the assignment’s page on Blackboard.
You may discuss the questions with classmates (and, indeed, I encourage you to do so), but assignments must be written up independently. You may not consult persons who have taken Property before. You may not research any of the assignments. You must do them solely by consulting class materials. The only other source you may consult is a legal dictionary or regular dictionary. You you may NOT use the internet to research the law or find cases that you think are relevant. You may not consult any materials prepared by me for a prior year’s class nor any materials prepared by former Property students. At the bottom of each assignment, please type the following statement:
I have not consulted any materials other than those assigned for this class and a dictionary.
Writing assignments will be read and commented on by one of the class TAs. He or she will also pass along to me papers which s/he thinks either (a) do not show adequate effort or (b) show outstanding understanding of the materials. Grades of those who, in my opinion, submit papers not showing adequate effort may be decreased, while grades of those who, in my opinion, submit outstanding papers may be increased, in accordance with the scoring system described below. You may skip four writing assignments assigned to your group without permission or making them up. In addition to answering questions assigned to your writing group, you are encouraged to answer questions assigned to other writing groups, because you will learn by writing out the answers and from the feedback the TA provides. If you turn in answers to questions not assigned to your writing group, you will get a small amount of extra credit as described below.
Your assignments will receive a grade in the following format:
Total Points / Mandatory Question Points/ Optional Question Points / Outstanding Answer Points / Technical Point / Suggestion Points
So, for example, your grade might be:
15/7/4/2/1/1
Here’s an explanation:
Total Points. This is determined by summing the points described below, except assignments submitted more than 15 minutes late (e.g. after 3:15PM, the beginning of class) will receive zero total points. In fact, Blackboard is programmed not to accept papers after the start of class (3:30).
Mandatory Question Points. You receive 7 points for each mandatory question answered in satisfactory fashion or better. A question is mandatory if it is assigned to your writing group. If one or more of your answers to mandatory questions is outstanding, you will receive additional points (described below), but that will not change the “Mandatory Question Points” part of your grade. If your answer to a mandatory question shows inadequate effort (which is rare), it will be scored as if you had not answered the question at all. If you write one well-reasoned page, as described above, but have not answered all the mandatory questions for your group, you will receive points as if you had answered all the mandatory questions for your group satisfactorily.
Optional Question Points. You receive 1 point for each optional question answered in a satisfactory fashion or better. A question is optional if (a) it is not assigned to your writing group, but was assigned to another writing group, (b) it was a question assigned for the previous class that we didn’t go over in class and you turn in a new or substantially revised answer to it, or (c) it is designated as optional for everyone on the slides and is not reading in Burke & Snoe, Property: Examples and Explanations. If one or more of your answers to optional questions is outstanding, you will receive additional points (described below), but that will not change the “Optional Question Points” part of your grade. If your answer to an optional question shows inadequate effort, it will be scored as if you had not answered the question at all.
Outstanding Answer Points. For each question (whether mandatory or optional) that you answer in an outstanding way, you will receive two points. The TAs are instructed to give count as “outstanding” only the best answers to a question. Also, answers to questions that are easy (and therefore that nearly everyone answers equally well) cannot count as “outstanding.”
Technical Point. You will will receive 1 point if your assignment, as turned into Blackboard before 3:15PM the day it is due, follows all of the instructions mentioned in the “Writing Assignment” section of this webpage, including: (a) it includes the mandatory statement described above — “I have not consulted any materials other than those assigned for this class and a dictionary,” (b) it was submitted to Blackboard with the document name described above, (c) it was submitted in MS Word, and (d) it was submitted by 3:15PM. Otherwise, you will receive zero Technical Points. In addition, if you did not include the mandatory statement described above, the TA grading your assignment will email you to confirm that you did not consult materials other than those assigned for the class or a dictionary. If your assignment was submitted in a format other than MS Word that the TA cannot read, the TA will ask you to resubmit your assignment and to prove that your assignment has not been edited since its original submission. Also, if your assignment was submitted after 3:30PM (that is, after class begins), you will receive no credit at all; that is, your Total Points will be zero.
Suggestion Points. If you make a suggestion that results in a change to the class materials– including readings, slides, Blackboard quizzes, or model answers– you will earn a point. To earn these points, email me directly at dklerman@law.usc.edu. Do not email the TAs or my assistant. I encourage you to point out typographical errors, infelicitous phrasings, confusing passages, and/or substantive errors, and to suggest corrections or improvements. As a token of my appreciation for your help in improving the course, I will add one point to your writing grade for each change I make in response to your suggestions. You may make these suggestions at any time up until a week after the final exam. When you email me suggestion, please put “Suggestion” as the first word on the Subject line.
So, in the example I gave above — 15/7/4/2/1/1– , the student received 15 total points, because she (a) answered one mandatory question satisfactorily or better (7 points), (b) answered four optional questions satisfactorily or better (4 points), (c) answered one question in an outstanding fashion (2 points), (d) turned in a paper with the required statement to Blackboard with the required document name in MS Word format by 3:15PM (1 point), and (e) made one suggestion that resulted in a change to the readings, slides, Blackboard quizzes, model answers or other materials.
Burke & Snoe, Property: Examples & Explanations (6th ed. 2019)
I highly recommend that you regularly consult this book. It is the best way to get practice applying property law rules to particular situations. It also contains helpful summaries of the law. We will not go over it in class, but, as we go along, I will recommend chapters relevant to the material we are discussing. Be careful to use this book rigorously. Read a problem (“Example”), write out you own answer or at least notes for an answer, and, only after writing out your own answer or notes, look at the answer (“Explanation”). It is tempting to read the question, then read the answer, and think “yea, that’s what I would have said,” but you will learn much more if you really try to answer the question yourself before looking at the answer. Note that one question from this book will be on final exam. That, and only that part of the exam, will be closed book. You can use this book in three ways: (1) Use a free copy on line at this link, (2) use the copy Closed Reserve, KF560.B87 2019. (3) Buy a copy from the USC bookstore or some other source. Note that there are no chapters relevant to the first two weeks of class, but, if you want to get ahead, Chapters 21-24 are relevant to the materials covered in the 5th and 6th classes, and this is one of the few situations where reading ahead could be helpful.
Basic Information
This webpage is the course syllabus.
Course Title and Number: Property, Law 507
Units: 4
Term-Day-Time: Spring 2020, Mondays & Wednesdays, 3:30-5:30PM
Location: Law 103
Prerequisite(s); co-requisites, or recommended preparation: None
Required and optional materials: See first assignment
Description and Assessment of Assignments, Grading Breakdown:
Writing Assignments: See “Writing Assignments” above (15%)
Exam (85%): Part multiple choice, in class; Part take-home; All open book, except one question from Burke & Snoe, Property: Examples & Explanations, which will be closed book.
Assignment for First Class
For the first assignment, please download the document at this link. Note that part of the assignment is due by Friday, January 10 at 9AM.
Statement on Academic Conduct and Support Systems
[This is an official USC statement, not written by Professor Klerman.]
Academic Conduct: Plagiarism – presenting someone else’s ideas as your own, either verbatim or recast in your own words – is a serious academic offense with serious consequences. Please familiarize yourself with the discussion of plagiarism in SCampus in Part B, Section 11, “Behavior Violating University Standards” policy.usc.edu/scampus-part-b. Other forms of academic dishonesty are equally unacceptable. See additional information in SCampus and university policies on scientific misconduct, policy.usc.edu/scientific-misconduct.
Support Systems:
Student Health Counseling Services – (213) 740-7711 – 24/7 on call
engemannshc.usc.edu/counseling
Free and confidential mental health treatment for students, including short-term psychotherapy, group counseling, stress fitness workshops, and crisis intervention.
National Suicide Prevention Lifeline – 1 (800) 273-8255 – 24/7 on call
suicidepreventionlifeline.org
Free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, 7 days a week.
Relationship and Sexual Violence Prevention Services (RSVP) – (213) 740-4900 – 24/7 on call
engemannshc.usc.edu/rsvp
Free and confidential therapy services, workshops, and training for situations related to gender-based harm.
Office of Equity and Diversity (OED) | Title IX – (213) 740-5086
equity.usc.edu, titleix.usc.edu
Information about how to get help or help a survivor of harassment or discrimination, rights of protected classes, reporting options, and additional resources for students, faculty, staff, visitors, and applicants. The university prohibits discrimination or harassment based on the following protected characteristics: race, color, national origin, ancestry, religion, sex, gender, gender identity, gender expression, sexual orientation, age, physical disability, medical condition, mental disability, marital status, pregnancy, veteran status, genetic information, and any other characteristic which may be specified in applicable laws and governmental regulations.
Bias Assessment Response and Support – (213) 740-2421
studentaffairs.usc.edu/bias-assessment-response-support
Avenue to report incidents of bias, hate crimes, and microaggressions for appropriate investigation and response.
The Office of Disability Services and Programs – (213) 740-0776
dsp.usc.edu
Support and accommodations for students with disabilities. Services include assistance in providing readers/notetakers/interpreters, special accommodations for test taking needs, assistance with architectural barriers, assistive technology, and support for individual needs.
USC Support and Advocacy – (213) 821-4710
studentaffairs.usc.edu/ssa
Assists students and families in resolving complex personal, financial, and academic issues adversely affecting their success as a student.
Diversity at USC – (213) 740-2101
diversity.usc.edu
Information on events, programs and training, the Provost’s Diversity and Inclusion Council, Diversity Liaisons for each academic school, chronology, participation, and various resources for students.
USC Emergency – UPC: (213) 740-4321, HSC: (323) 442-1000 – 24/7 on call
dps.usc.edu, emergency.usc.edu
Emergency assistance and avenue to report a crime. Latest updates regarding safety, including ways in which instruction will be continued if an officially declared emergency makes travel to campus infeasible.
USC Department of Public Safety – UPC: (213) 740-6000, HSC: (323) 442-120 – 24/7 on call
dps.usc.edu
Non-emergency assistance or information.