PROPERTY A SLIDES

1. PROPERTY A SLIDES 1-16-15

2. PROPERTY A (FAJER)Music: Shania Twain, Come On Over (1997) Please Take a Seat in the First Four Rows

3. PROPERTY A (FAJER) INTRO TO THE SUBJECT MATTER LOGISTICS JACQUE& THE RIGHT TO EXCLUDE

4. Property: Course is About Americans

5. Property: Course is About Americans • Strong Libertarian Streak in U.S.: • “You Can Do Anything You Want With Your Own Property”

6. Property: Course is About Americans • Strong Libertarian Streak: • “You Can Do Anything You Want With Your Property” v. • Moralist/Busybody Streak • E.g., AZ Homeowners’ Assn. Searching for Porn

7. Property: Course is About Americans Logically, there must be some limits on what you can do on your own land.

8. Property: Course is About Americans Logically, there must be some limits on what you can do on your own land. E.g., not a defense to murder

9. Property: Course is About Americans Logically, there must be some limits on what you can do on your own land.

10. Property: Course is About Americans Logically, there must be some limits on what you can do on your own land. In practice, in U.S. today, LOTS of limits!

11. Property D: Subject Matter • Selected Topics re RealProperty: • Land & Attached Buildings • Cf. Personal Property (movable objects, money, intangible property)

12. Property D: Subject Matter • Selected Topics re RealProperty • We’ll explore nature of, and restrictions on, land ownership in American legal system. • We’ll try to develop ideas re what kinds of limits/ restrictions are appropriate.

13. PropertyDisputesv.Torts&Contracts Shania Twain: Crossover Fusion of Country & Pop

14. PropertyDisputesv.Torts&Contracts Types of Relationships Involved • Torts: Mostly accidental one-time interactions between strangers. • Contracts: Mostly voluntary single-purpose relationships • Property: Disputes often between people who are semi-stuck with each other (e.g., family or neighbors)

15. PropertyDisputesv.Torts&Contracts Types of Relationships Involved • Property: Often People Who Are Semi-Stuck with Each Other (Family or Neighbors) • Often separate (non-legal) issues real motivation for nasty litigation • Sometimes cases/problems can touch student nerves in unexpected ways (E.g., death in Chapters 4-5)

16. PropertyDisputesv.Torts&Contracts Which Comes First? • Property Rights Necessarily Precede… • Tort Judgments • Contract Rights

17. PropertyCoursev.Torts&Contracts Contracts Professors are Considerably Taller

18. PropertyCourse v.Torts&Contracts Challenges: Vocabulary • Torts: Ordinary words turn out to have technical non-obvious legal meanings: e.g., duty; cause; reasonable • Property: In addition, need to learn & memorize a lot of non-ordinary (i.e., obscure) vocabulary

19. PropertyCourse v.Torts&Contracts Challenges: Expectations v. Reality • Contracts: • You expect “Is there a contract?” to be a legal question, but it’s usually factual. • Course mostly not about “How to Create Contracts.” • Like a course called Marriage taught entirely out of divorce records. • Dean Gudridge on Promises in Contract Courses

20. PropertyCourse v.Torts&Contracts Challenges: Expectations v. Reality • Property: • You expect “Whose property is it?” to be a factual question, but it’s usually legal. • Rules re what you can do with your own stuff much more complex than most people expect. • Lots of relevant interests beside those of the “owner.” • Like a course called Marriage based largely on the stories of family and friends.

21. PropertyCourse v.Torts&Contracts Challenges: Big Picture? • Torts: Lots of time on a few causes of action, so you have to pay attention to small factual distinctions. • Contracts: Subjects covered very interrelated, so often hard to make sense of individual topics until you get close to completing the whole course. • Property: Survey course; each chapter has a different legal structure that doesn’t relate much to the others.

22. Property: The Metaphor of the Bundle of Sticks Land Ownership Includes Many Possible Rights • Normal Package in U.S. Includes: • right to use as you wish in the present • right to use as you wish in the future • right to transfer: sell or lease or devise • right to extract minerals • right to exclude • etc., etc., etc.

23. Property: The Metaphor of the Bundle of Sticks Land Ownership Includes Many Possible Rights • Normal Package in U.S. Includes Long List • Common to Have Some Rights and Not Others. • Temporal Divisions: E.g., Landlord & Tenant • Physical Divisions: E.g., Mineral Rights & Surface Rights • Shared Use: E.g., Utility Easements

24. Property: The Metaphor of the Bundle of Sticks Land Ownership Includes Many Possible Rights • Normal Package in U.S. Includes Long List • Common to Have Some Rights; Not Others. • Yields “Bundle of Sticks” Metaphor

25. PROPERTY A (FAJER) INTROTO THE SUBJECT MATTER LOGISTICS JACQUE& THE RIGHT TO EXCLUDE

26. LOGISTICS: Some Basics • Apology for Awkward First Week • Readings for 2d/3d Classes  Next Tues & Thurs

27. LOGISTICS: Some Basics • Dean’s Fellow: David Jarzabek • Details on Sessions Next Week • Casebook • Circulating • Seating Chart (I’ll Use First Names) • Lunch Sign-Up List

28. LOGISTICS: Course Mechanics & Requirements Next Thursday: Lunches Begin • Operation: • Meet on Bricks @ 11:55; We’ll Go to Food Court or SAC Law Room • You Can Bring Food or Buy It There/On the Way • Schedule is Posted On Course Page • I’ll Remind You in Class on the Day You’re Scheduled • E-Mail Me if You Want to Add on or to Reschedule • Courtesy: If you have to cancel at last minute or know you’ll be late, please let my assistant or one of the other students know (I won’t see last minute e-mails)

29. LOGISTICS: Course Mechanics & Requirements Details in Info Memo #1; E-Mail if Qs • Daily Assignments Starting Next Week in Assignment Sheet Posted on Course Page (Should be self-explanatory) • Breaks each class; begin at 7:55 a.m. starting next Tuesday • Office Hours: Tues 10:00-11:45; Wed 2:45-4:30 • First Come, First Served • Or make separate appointment by e-mail

30. LOGISTICS: Course Mechanics & Requirements Guidelines for Making Classroom Effective • Trying to get through lot of material  sometimes I need to cut people off & can’t take all Qs • Large Room Means Special Need for Courtesy: • Avoid Distractions in the Room • (My ADD & Yours)

31. LOGISTICS: Course Mechanics & Requirements Guidelines for Making Classroom Effective Avoid Distractions in the Room: Entry & Exit • On time at beginning & after break • Stay in seat until break absent emergency • If late or have to leave & return orhave to leave early, minimize disrupt; enter & sit in back • At end, wait till I’m done to start to pack up. (Good source of cranky!)

32. LOGISTICS: Course Mechanics & Requirements Guidelines for Making Classroom Effective Avoid Distractions in the Room: While We Work • Please don’t talk to each other (pass notes). • Don’t wave hands while I’m working w someone else; wait till I ask for volunteers. • No games, movies, graphic displays on screens.

33. LOGISTICS: Course Mechanics & Requirements Guidelines for Making Classroom Effective Importance of Discussion Questions • Heart of class discussion i) Give you sense of what I care about & will test on ii) Worth careful prep • Rarely yes/no answers • Try to be Specific iii) You’ll benefit from reviewing right before class

34. LOGISTICS: Course Mechanics & Requirements Guidelines for Making Classroom Effective Importance of Discussion Questions • Heart of class discussion • I will handle DQs in different ways i) Most:I will call on folks on relevant panel ii) Some: I’ll lecture through iii) Some: I’ll skip in class and write-up later

35. LOGISTICS: Course Mechanics & Requirements Guidelines for Making Classroom Effective Panel System • Starting Up (See Assignment Sheet) • 1st3 classes all on call • Class 4 (Next Friday): alphabetical assignments • Starting w Class 5 (Tuesday 1/27), most material assigned to panels • Next Week We’ll Set Panels

36. LOGISTICS: Course Mechanics & Requirements Guidelines for Making Classroom Effective Panel System: Essentially a Contract • For material for which you aren’t on-call: • You have flex to decide when to read • I won’t monitor or cold call BUT you’re ultimately responsible • When on-call: • Carefully prep assigned material to help class go smoothly • Professional Responsibility to be prepared; others rely on you

37. LOGISTICS: Course Mechanics & Requirements Guidelines for Making Classroom Effective Panel System: Essentially a Contract • When I Call on You, “Being Prepared” Means: • You are paying attention (slides will tell you when your panel is at bat) • You can respond without scrolling or fumbling through your notes (keep any notes you would like to use easily accessible; print out if need be) • You can discuss the relevant points (as opposed to reciting a fully scripted answer)

38. LOGISTICS: Course Mechanics & Requirements Next Week: Ways to Think About Second Semester Skills I’d Like You to Work on in This Class

39. PROPERTY A (FAJER) INTROTO THE SUBJECT MATTER LOGISTICS JACQUE & THE RIGHT TO EXCLUDE

40. Jacque & the Right to Exclude DQ1.01: Jacque quotes the U.S. SCt as saying that the right to exclude is one of the “most essential” rights of a landowner.Why is it so important?

41. Jacque & the Right to Exclude DQ1.01: Why is right to exclude so important? Reasons include that, without it … Can’t enjoy land fully if others wandering on and off. Os lack sense of control/security/privacy. Possibility of actual damage to land/bldgs Os less likely to invest in development. Os might overinvest in deterrence (walls, security guards, guns etc.) (cf. rich people now) Others might develop interests that can interfere w ownership (Adv. Poss. /Prescr. Easements)

42. Jacque & the Right to Exclude DQ1.02. The court says an intentional trespass causes “actual harm” to the property owner even if the harm is non-monetizable. Aside from the risk of adverse possession, what kind(s) of harm do you think the court has in mind? (Some overlap with DQ1.01)

43. Jacque & the Right to Exclude DQ1.02: Non-monetizable harms that can result from intentional trespass include … Psychic Harms (re Enjoyment/Control/Security/Privacy) Forced Associations Loss of Respect for Legal System/Tendency to Self-Help Underinvestment in Development Overinvestment in Deterrence/Security

44. Jacque: Background Location: Schleswig , Wisconsin Name suggests founded by German immigrants Manitowoc County (Lake Michigan coast)

45. Green Bay Sheboygan

46. Jacque: Background Facts: D had to deliver mobile home Easiest way across Ps’ land Ps repeatedly denied permission to cross land D crosses anyway D pays small fine to county for criminal trespass

47. Jacque: Background Procedure: P brings tort suit: Intentional Trespass Jury awards damages: Compensatory = Nominal (= finding of none) Punitives = $100K WHY NO ACTUAL HARM HERE?

48. Jacque: Background Procedure: Jury awards damages: Compensatory = Nominal Ps retired so no operating business to be harmed Wisc. winter so no harm to frozen ground Punitives = $100K WHY GOOD CASE FOR PUNITIVES?

49. Jacque: Background Procedure: Jury awards damages: Compensatory = Nominal Punitives = $100K: Good Case Ds told “No” multiple times but didn’t care Tried to hide Laughed afterward

50. Jacque: Background P wins Intentional Trespass Claim; Jury Awards: Nominal Compensatory Damages $100KPunitives Lower courts don’t allow punitives Follow Wisconsin tort precedents Ps can’t get punitives if no compensatory damages (“No Pain, No Gain” Rule)