This
is a streamlined Property Law casebook. As it canvasses the traditional
areas of coverage, it sets out the relevant legal tests clearly and
provides students lots of opportunities to apply them. Professor Steven
Semeraro uses cases selectively to illustrate examples of insightful
analysis, creative lawyering, and tricks of the trade, rather than as a
means merely to present rules of law and show their application. In
general, the book relies on a regular series of problems (both essay
and multiple choice) to teach application. Why use this method?
The
basic property course, long a staple of the first-year curriculum,
differs from the other foundational courses. Rather than explore a
single body of law, the typical course offers snippets of at least a
half dozen practice areas, including civil rights, real estate
transactions, environmental regulation, eminent domain and inverse
condemnation practice, land use planning and regulation,
landlord-tenant law, and nuisance law. As the list has grown, students
may feel unsatisfied with the briefest attention given to areas such as
the law of variances and environmentally-based land use regulation.
This casebook, from an experienced Property Law professor,
clearly shows
students the real value of this vital course. For Professor Semeraro,
that value lies not in common-law methodology; property cases only
rarely provide particularly useful tools for teaching the common law
method. Instead, the course’s principal value comes from the many
instances in which students must apply relatively complicated systems
of categorization (e.g., the law of future interests, the law of
finders, the negative easements) and complicated analytical tests (such
as the rule against perpetuities, the test for covenants running with
the land, and the Penn Central test for regulatory takings). Learning
these taxonomies and applying these tests helps provide students the
skills they need to understand and apply the complex statutory codes
that govern current law practice, such as tax, securities,
environmental regulation, utilities, and communications.