3 SECOND PART: COMMON LAW BASICS 3 SECOND PART: COMMON LAW BASICS
3.1 Class 6: Friday 2/14 - Classical and Post-realist Common Law Contrasted 3.1 Class 6: Friday 2/14 - Classical and Post-realist Common Law Contrasted
3.1.1 The Duty to Act 3.1.1 The Duty to Act
Reading(s): Hurlly v. Eddingfield Yania v. Bigan Tarasoff v. Regents of University of California Richard Epstein, Cases and Materials on Torts, note
3.1.1.1. Readings - The Duty to Act
3.1.2 Absolute Property Rights 3.1.2 Absolute Property Rights
Reading(s): Buch v. Amory Manufacturing Company State v. Shack
3.1.2.1. Readings - Absolute Property Rights
3.1.3 Water Rights 3.1.3 Water Rights
Reading(s): Armstrong v. Francis
3.1.3.1. Readings - Water Rights
3.1.4 Light and Air 3.1.4 Light and Air
Reading(s): Fontainebleau Hotel v. Forty-Five Twenty-Five Prah v. Maretti Joseph Singer, Property Law: Rules, Problems and Principles, note
3.1.4.1. Readings - Light and Air
3.2 Class 7: Thursday 2/20 - The Civil Law Doctrine of Abuse of Right 3.2 Class 7: Thursday 2/20 - The Civil Law Doctrine of Abuse of Right
Reading(s): Anna di Robilant, Abuse of Right: The Continental Drug and the Common Law, 61 Hastings L.J. 687 (2010)
3.2.1. Anna di Robilant, Abuse of Right: The Continental Drug and the Common Law, 61 Hastings L.J. 687 (2010)
3.3 Class 8: Friday 2/21 - What is Policy Analysis? 3.3 Class 8: Friday 2/21 - What is Policy Analysis?
3.3.1 What Is It? 3.3.1 What Is It?
Reading(s): Duncan Kennedy, A Critique of Adjudication [fin de siècle], p. 97-105
3.3.1.1. Readings - What Is It?
3.3.2 Why We Need It 3.3.2 Why We Need It
Reading(s): Joseph Singer, Property Law [Land Use Conflicts Among Neighbors] Karl Llewellyn, The Bramble Bush (precedent) David Shapiro, Courts, Legislatures and Paternalism Charles Gardner, Observations on the Course in Contracts
3.3.2.1. Readings - Why We Need It
3.3.3 How It Is Done 3.3.3 How It Is Done
Reading(s): Joseph Singer, Property Law [Policy Arguments] Courvoisier v. Raymond & note 2 Morris v. Platt Restatement Second of Torts, s. 164, 166 Clarke Whittier, Mistake in the Law of Torts Harper & James on Mistake William Prosser on Mistake Harper & James, Reasonableness
3.3.3.1. Readings - How It Is Done
3.3.4 Nested Argument in Policy Analysis 3.3.4 Nested Argument in Policy Analysis
Reading(s): Duncan Kennedy, Torts outline on Mistake