Christian Turner Assistant Professor of Law
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Property: Volume 1 Version 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell Press 2012 About the AuthorChristian Turner teaches courses in property, land use, legal theory, and the regulation of information. His research interests are in the public/private distinction and institutional analysis. Drawing from his mathematical training, he is interested in both the logic and illogic of the law— and in understanding seemingly complex and diverse legal principles as consequences of basic, trans-substantive ideas. Prior to joining the faculty at the University of Georgia, Christian was a Visiting Assistant Professor at Fordham Law School, worked at Wiggin and Dana law firm in New Haven, and clerked for Judge Guido Calabresi on the Second Circuit. He is a graduate of Stanford Law School and holds a Ph.D. in mathematics from Texas A&M University. About eLangdell PressThe Center for Computer-Assisted Legal Instruction (CALI®) is: a nonprofit organization with over 200 member US law schools, an innovative force pushing legal education toward change for the better. There are benefits to CALI membership for your school, firm, or organization. eLangdell® is our electronic press with a mission to publish more open books for legal education. How do we define "open?"
Find available and upcoming eLangdell titles at elangdell.cali.org. Show support for CALI by following us on Facebook and Twitter, and by telling your friends and colleagues where you received your free book. NoticesCarol M. Rose, Possession as the Origin of Property, 52 U Chi L Rev 73 (1985), reprinted with permission of the University of Chicago Law Review. Lawrence Solum, Legal Theory Lexicon: Fit & Jusitfication - http://lsolum.typepad.com/legal_theory_lexicon/2004/04/legal_theory_le_1.html, reprinted with the permission of the author.This work by Colin Millers licensed and published by CALI eLangdell Press under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. CALI and CALI eLangdell Press reserve under copyright all rights not expressly granted by this Creative Commons license. CALI and CALI eLangdell Press do not assert copyright in US Government works or other public domain material included herein. Permissions beyond the scope of this license may be available through feedback@cali.org. In brief, the terms of that license are that you may copy, distribute, and display this work, or make derivative works, so long as
Suggested attribution format for original work: Christian Turner, Property, Volume I, Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 3.0 License. CALI® and eLangdell® are United States federally registered trademarks owned by the Center for Computer-Assisted Legal Instruction. The cover art design is a copyrighted work of CALI, all rights reserved. The CALI graphical logo is a trademark and may not be used without permission. Should you create derivative works based on the text of this book or other Creative Commons materials therein, you may not use this book’s cover art and the aforementioned logos, or any derivative thereof, to imply endorsement or otherwise without written permission from CALI. This material does not contain nor is intended to be legal advice. Users seeking legal advice should consult with a licensed attorney in their jurisdiction. The editors have endeavored to provide complete and accurate information in this book. However, CALI does not warrant that the information provided is complete and accurate. CALI disclaims all liability to any person for any loss caused by errors or omissions in this collection of information. Version 1: March 29, 2012 Table of Contents
About the Author 4 About eLangdell Press 5 Notices 6 Preface 9 1. Introduction 15 1.1. Finders vs. Landowners 15 1.2 Trespass 48 1.2.1. What's at Stake 48 1.2.2. Initial Look at Exclusion's Limits 58 1.3 Nuisance 77 1.3.1. Defined 77 1.3.2. Law and Economics 96 1.3.3. Problems 104 1.3.4. Application 106 1.3.5. Property Rules and Liability Rules: Theory 127 1.3.6. Property Rules and Liability Rules: Practice 134 2. Acquisition by Possession 156 2.1 Possession Generally 156 2.1.1. Wild Animals 156 2.1.2. Theory 170 2.1.3. Sunken Ships, Baseballs, and Artifacts 189 2.1.4. Problems 228 2.2 Common Pool Resources 231 2.2.1. The Problem and Theory 231 2.2.2. Applications 234 2.3. Review 249 3. Acquisition by Creation 257 3.1. Unfair Competition 257 3.2. Trademarks and Domain Names 296 3.3. Patents 318 3.4 Copyright 334 3.4.1. Eligibility 334 3.4.2. Calibration: Scope of Exclusion, a.k.a. Fair Use 354 3.4.3. Calibration: Length of Term 378 3.4.4. Secondary Liability 412 3.4.4.1. Problems 455 3.5. Publicity Rights 462 4. Transfers 512 4.1. Gifts 512 4.2 Real Estate Transactions 519 4.2.1. The Contract 519 4.2.2. The Deed 542 4.3. Adverse Possession 564
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