PROPERTY LAW Spring 2014 Mondays and Wednesdays: 3:05 PM -4:30 PM Fridays: 10:05 AM 11:00 AM Four Credits Room 104 COURSE SYLLABUS Professor Yolanda Vázquez Phone: 513-556-0022 Office: 429 Hours: Wednesdays from 12:30 PM -2:30 PM or by appointment Email: yolanda.vazquez@uc.edu Course Description Property law examines relations among people regarding control of valued resources. Though the law of property is deeply rooted in history and precedent, its principles and methodologies are readily adaptable to the contingencies of a modern and rapidly changing world. For this reason, property law is central to the development, maintenance, and growth of modern law and jurisprudence. This course is designed to provide an introduction to the basic rules, concepts, and theories of American property law. It is also designed to provide property law in both a theoretical, contemporary, and practical framework. The development of this law will be examined in the context of historical, political, moral, and legal considerations that have influenced property law in the past and in contemporary society. Course Objective The course has three goals. First, the course will teach you fundamental property law, its rules and doctrines. Second, the class will seek to help you understand the role of property law as an institution that has been instrumental in shaping the legal history, culture, citizenship and notions of justice and rights in the United States. You will do this by studying various laws, theories and policies that have existed historically as well as in their current state. In addition, you will observe how property law functions in practice by visiting eviction court. These activities will aid you in understanding and allow you to critique the jurisprudence of property law. Third, the course will assist you in developing your basic lawyering skills. This includes the ability to spot the issue, state a rule, and draw conclusions and examine its application in other cases and contexts. You will also be expected to practice the art of legal persuasion through discussion as well as through written assignments. The course will include lectures, class discussion, videos, court observation, learning assessments, and written assignments. Page 1 of 5
I. Required Course Materials -SINGER ET. AL, PROPERTY LAW: RULES, POLICIES & PRACTICES (Aspen, 6 th ed. 2014) (referred to below as CB ) -A Turning Point Clicker is required for this course. -I will also assign additional cases, articles, written or other assignments, etc., which you will need to download from TWEN. II. TWEN and Clickers As stated above, I will use TWEN to communicate with the class. This means all course information, assignments, supplemental materials, etc. will appear on TWEN. You will also turn in assignments via the Assignment Drop Box on TWEN. All students, therefore, are required to register for the course s TWEN website before the first week of class. *To access the site, go to www.lawschool.westlaw.com, click the link for TWEN, and follow the directions to register. Important class announcements also will be emailed via TWEN, so when you register please use an email address that you check regularly. Some classes will be using materials that require the use of clickers. The clicker will be used to make class discussion more interactive while increasing your substantive knowledge and assessing your retention of the material. Please be sure to have your clickers with you in every class, including the first class. *Please register your clicker at http://student.turningtechnologies.com/. If you fail to register your clicker, forget your clicker for the day s class, or do not input a response to each question posed during class, you will be counted as absent for that day. There are absolutely NO exceptions. III. Laptops and Other Electronic Devices This course does not lend itself to laptop note taking. In addition, surveys have found that students prefer a no-laptop learning environment because students feel they are more engaged during the class with fewer distractions. 1 This finding correlates to the studies that have been done that show multi-tasking is not conducive to learning as it decreases attention and focus. 2 1 See, e.g. David Cole, Laptops vs. Learning, WASH. POST (April 7, 2007), available at http://www.washingtonpost.com/wp-dyn/content/article/2007/04/06/ar2007040601544_pf.html 2 See, e.g. David M. Sanbonmatsu et. al., Who Multi-Tasks and Why? Multi-Tasking Ability, Perceived Multitasking Ability, Impulsivity, and Sensation Seeking, PLOS ONE (Jan. 23, 2013), available at http://www.plosone.org/article/info%3adoi%2f10.1371%2fjournal.pone.0054402;jsessionid=1c499237e56e5530 B7AB8E8046DA1D46; Jon Hamilton, Think You re Multitasking? Think Again, NPR (Oct. 2, 2008 at 1:47 PM) availale at http://www.npr.org/templates/story/story.php?storyid=95256794; Douglas Merrill, Why Multitasking Doesn t Work, FORBES (Aug. 17, 2012 1:21 PM), available at http://www.forbes.com/sites/douglasmerrill/2012/08/17/why-multitasking-doesnt-work/. Page 2 of 5
For the above reasons, laptops are NOT permitted in class. Use of cellphones, IPads, or other electronic devices is also prohibited. Use of laptops, cell phones, IPads, or other technological devices not permitted during class will result in penalties to a student s participation grade or other sanctions as deemed appropriate. IV. Office Hours and Emailing the Professor My office hours are Wednesdays from 12:30 PM to 2:30 PM in Room 429. I am happy to meet with you at another time if you cannot meet during my office hours. To schedule an appointment email me with a few times that you are available. Feel free to contact me by email with logistical questions such as expected absences or scheduling an appointment to see me. However, substantive questions always require a longer and deeper explanation than can be appropriately addressed in an email. For this reason, no substantive questions sent to me via email will be answered but I will happily discuss them with you in person during office hours or a scheduled appointment. V. Grades Your grade will consist of four components, explained more fully below: Final Exam 60% Engagement 15% Mid-Semester Quiz 10% Eviction Court Observance and Reflection Assignment 15% A. Final Exam: Your final exam will take place in May 2014 (The exact date will be provided by the registrar.) It will be a closed-book exam taken during your exam period. You will not be allowed to use your textbook, notes, or outlines. B. Engagement: I am using this term in lieu of the usual attendance and participation, because I think it better describes what is being assessed with this component of your grade. Each student is expected to be appropriately engaged as a participant throughout the semester. This includes being present, doing the assigned reading, participating in class discussion, completing assignments and meeting deadlines. Further explanation is below: 1. Preparedness: I expect students to be prepared for each class. If you are not prepared for a particular class, please let me know by 2:00 PM before class via email so that I will know not to call on you that day. This privilege is available no more than twice and counts towards your absences (see below). If you are not prepared for a question during class you may not pass on the question. Instead, you will have the option of identifying one of your classmates to answer for you. I reserve the right to count you as absent if your inability to answer questions is the result of being unprepared for class. Page 3 of 5
2. Respect: For those who are NOT speaking, this means you should be listening to and learning from your colleagues; for those who ARE speaking, this means being prepared and making time for others to participate in class. In addition, individuals have differing views on issues. To ensure that everyone will feel comfortable sharing their ideas and views, we will all listen and respond respectfully. 3. Class Assignments: You will be required to prepare short assignments from time to time throughout the course. I will consider these assignments as part of your class participation. You will receive a score from 1 to 5 for each assignment. The assignments will be calculated in your participation grade. All assignments must be submitted to the course s online Assignment Drop Box on TWEN by 9:00 AM on the day for which it is assigned. 4. Attendance: Attendance is mandatory. You are, however, allowed four absences (excused or unexcused). If you exceed the permitted absences, I reserve the discretion to refuse to give credit for the course. Please notify me in advance, via email, if you know you will be absent from class. 5. Tardiness: I expect all students to be in class and in their seats at the start of class. Late attendance is disruptive to the class and will count as an absence. C. Mid-Semester Quiz: There will be a closed book mid-semester quiz. The quiz will be comprised of multiple-choice questions. D. Eviction Court Requirement: All students will be required to complete a propertyrelated field trip to eviction court. I will announce more details soon. There is a writing assignment due after you complete the field trip; this will count as 15 percent of your grade and will be graded on a 0 to 15 point scale. VI. Deadlines and Assignment Submissions You are entering the professional world. That world is filled with deadlines. If deadlines are missed, your client suffers as well as your license and reputation. For that reason, late work will not be accepted. Therefore, any assignments or papers received after the deadline will be given a zero (0). VII. Reading Assignments The course schedule (posted on TWEN) is designed as a guide to the class. I may, at times, need to change class assignments and I will do so by an in-class announcement or revision to the course schedule. As a general rule, we will cover one assignment in each class period, although I may cover less or more, depending on class discussion. Unless I instruct you otherwise, you are expected to read the next day s assignment even if we do not completely cover the previous day s assignment in class. Page 4 of 5
Due to time constraints, we may not discuss everything that you have read. However, you are still responsible for all assigned readings for future classes and exam purposes. VIII. Other Matters A. If you qualify for an accommodation because of a documented disability, please consult with the College of Law s Registrar and Associate Dean of Academic Affairs to determine an appropriate accommodation based on the documented disability. B. I will make every effort to reasonably accommodate all students who, because of religious and other obligations, have conflicts with required attendance. 1. In order to receive the accommodation, you need to notify me at least one week in advance of the scheduled conflict. IX. Course Outline A. Property in a Free and Democratic Society B. What Can Be Owned? C. Relations Among Neighbors D. Ownership in Common E. The Legal Framework of the Market for Real Estate F. Constitutional Protection for Property Page 5 of 5