This title is a part of our CasebookPlus™ offering as ISBN 9781636597140. Learn more at Faculty-CasebookPlus.com.

This revised casebook is designed for a “building block” property course that serves as a student’s foundation for the rest of law school and beyond. Avoiding the typical hodge-podge of issues, the book presents material in an integrated way, exploring how owner sovereignty and its limits, community values, and societal purposes are or are not realized in the structures of property law and institutions. Using vivid cases, both old and new, timely issues in intellectual property, land use, and regulatory takings are given expansive treatment, as well as traditional topics like custom, equity, and restitution. The emphasis throughout is on fundamental principles and policy questions.


Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 05/23/2022

Thomas W. Merrill, Columbia University Law School

Henry E. Smith, Harvard University Law School

Maureen E. Brady, Harvard University Law School

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Chapter 1 includes a new case on equitable remedies. The whaling case of Ghen v. Rich has been moved to a section on community and custom, which also brings back United States v. Corrow from the First and Second Edition and includes for the first time a case from the Appellate Court of the Hopi Tribe. The section on broadcasting and cyberspace has been reworked and integrated into the material on community. Chapter 4 reflects some streamlining in omitting the case on petty larceny, and the Notes have been extensively updated. Chapter 5 reorganizes the material on marital property and employs a case raising issues of unjust enrichment. Chapters 6 and 7 have been updated in the Notes to reflect recent developments. In Chapter 9, the lineup of cases in nuisance has been changed and the cases in this chapter generally reordered. Chapter 10 reflects a comprehensive reordering and streamlining and the inclusion of the recent decision in Cedar Point Nursery v. Hassid as a principal case.

Learn more about this series.