INTRODUCTION
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CHAPTER 1 The Law of Property     INTRODUCTION Some courses on property law begin with the analysis of cases---sometimes they concern the acquisition of personal property, sometimes wild animals; and sometimes they introduce the subject with a U.S. Supreme Court case concerning the Fifth Amendment's takings clause or with a case about Native American claims to property that puts our American system into perspective. Historical and philosophical readings about property law's development might also be used to gain perspective.   Different perspectives on the institution or the idea o ...

INTRODUCTION
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CHAPTER 1 INTRODUCTION I. “PROPERTY” GENERALLY A. General definition:  A person may be said to hold a property interest, in the broadest sense, if he has any right which the law will protect against infringement by others. In addition to tangible property (land and chattels), courts have increasingly recognized broad categories of intangible property interests. For instance, a teacher with tenure in a public school system may be found to have a constitutionally-protected property interest in continued employment. 1. Real and personal property:  In this book, we are concerned almost e ...

TWO TYPES OF NON-REAL PROPERTY: PERSONAL PROPERTY AND INTELLECTUAL PROPERTY
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CHAPTER 2 TWO TYPES OF NON-REAL PROPERTY: PERSONAL PROPERTY AND INTELLECTUAL PROPERTY Introductory note:  This chapter considers two types of non-real property: personal property and intellectual property. With respect to personal property, we consider: (1) the rights of finders of lost chattels; (2) the rights of bona fide purchasers of goods; (3) bailments; and (4) gifts. With respect to intellectual property, we discuss briefly copyrights, trademarks, patents and the right of publicity. I. RIGHTS OF POSSESSORS A. Rights from possession generally:  Normally, one obtains title to g ...

Law of Finders and Prior Possessors
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CHAPTER 3 Law of Finders and Prior Possessors As noted in the first two chapters, possession is important in determining persons' relative rights to things. Although familiar sayings such as “possession is nine-tenths of the law” and “finders keepers, losers weepers” are inaccurate as statements of the law, they do echo the law's recognition that a person in possession of a thing has greater rights to that thing than do most other persons.   The study of finders of personal property (property other than real property) serves many purposes. For one, the concept is easy: Someone l ...

INTRODUCTION AND DEFINITIONS
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CHAPTER 2 Personal Property and First Possession     INTRODUCTION AND DEFINITIONS Property falls into two broad categories: real property and personal property. (Intellectual property has some aspects of both.) Real property, real estate, or realty refers to land and the improvements attached to the land. Buildings, fences, and dams, for example, are included with land as real property. Personal property or personalty is all property other than real property. Automobiles, books, tables, clothes, computers, and corporate stock are examples of personal property.   A fixture is person ...

Yablonski v. United Mine Workers of America
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View this case and other resources at: Citation. 448 F.2d 1175 (D.C. Cir. 1971) Brief Fact Summary. After Yablonski (Plaintiff) and other members (Plaintiff) of the United Mine Workers of America (UMWA) (Defendant) brought an action against the UMWA (Defendant), they moved to disqualify the Defendant’s outside counsel, on the grounds of conflict of interest, from representing the Defendant after the firm withdrew as counsel for three of its highest officers Synopsis of Rule of Law. Where a possibility exists of conflict of interest arising in the future, cou ...

Nemours Foundation v. Gilbane
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View this case and other resources at: Citation. 632 F. Supp. 418 (D. Del. 1986) Brief Fact Summary. Nemours (Plaintiff) moved to have both the attorney and the law firm currently employing him disqualified from further representation in this case because one of the attorneys working for defense counsel had been employed in the past by a law firm representing a co-party of Nemours Foundation (Plaintiff) Synopsis of Rule of Law. An attorney may not represent a client whose interests are materially adverse to that of a former client where the attorney, during the pr ...

Cuyler v. Sullivan
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View this case and other resources at: Citation. 446 U.S. 335 (1980) Brief Fact Summary. Sullivan (Defendant) was convicted of murder and then was granted habeas corpus by the court when it found the possibility of conflict in his representation Synopsis of Rule of Law. Where a defendant does not raise an objection to multiple representation at trial, the mere potential of a conflict of interest in representation is not enough to invalidate a conviction. ...

Upjohn v. United States
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View this case and other resources at: Citation. 449 U.S. 383 (1981) Brief Fact Summary. The Internal Revenue Service (IRS) (Plaintiff) served summonses on Upjohn (Defendant) requiring production of questionnaires that had been completed by Defendant’s employees at the request of Defendant’s in-house counsel, and of Defendant’s counsel’s notes of interviews of people who had responded to the questionnaire Synopsis of Rule of Law. The attorney-client privilege protects corporate employees from having to disclose communications between thems ...

In re Refco, Inc. Securities Litigation
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View this case and other resources at: Citation. 609 F. Supp. 2d 304 (S.D.N.Y. 2009); 612 F. Supp. 2d 267 (S.D.N.Y. 2009) Brief Fact Summary. Law firm helped client commit securities fraud by helping to hide fraudulent transactions. Synopsis of Rule of Law. Under federal law, there is no private right of action for victims of securities fraud against those who participated in a fraud, whether to a limited or great extent, that is executed by others. ...

Strickland v. Washington
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View this case and other resources at: Citation. 466 U.S. 668 (1984) Brief Fact Summary. Washington (Plaintiff) was sentenced to death for his involvement in three brutal stabbing murders, and then sought collateral relief, claiming ineffective assistance of counsel at his sentencing hearing Synopsis of Rule of Law. In order to reverse a conviction or death sentence because of ineffective assistance of counsel, a defendant has to demonstrate the deficiency of counsel’s performance and that the deficiency prejudiced the defense ...

Basic Inc. v Levinson
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View this case and other resources at: Citation. 485 U.S. 224 (1988) Brief Fact Summary. Levinson (Plaintiff), representing a class of shareholders, brought an action against Basic, Inc. (Defendant) and its directors, claiming they violated § 10(b) of the Securities and Exchange Act by issuing three public statements that were false and misleading. Synopsis of Rule of Law. If a public statement issued by a corporation is materially misleading, it violates § 10(b) of the Securities and Exchange Act. ...

Sinclair Oil Corp. v. Levien
Brief

View this case and other resources at: Citation. Del. Sup. Ct., 280 A.2d 717 (1971) Brief Fact Summary. Levien (Plaintiff), a minority stockholder in Sinven, accused Sinclair (Defendant), the parent company, of using Sinven assets to finance its operations. Synopsis of Rule of Law. The intrinsic fairness test will be applied in a case where a parent company controls all transactions of a subsidiary, receives a benefit at the expense of the subsidiary’s minority stockholders, which places the burden on the parent company to prove the transactions were based ...

Brehm v. Eisner
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View this case and other resources at: Citation. Del. Sup. Ct., 746 A.2d 244 (2000) Brief Fact Summary. Brehm (Plaintiff) sued Eisner (Defendant) for approving an employment agreement and subsequent non-fault termination of Disney’s president, Ovitz. Synopsis of Rule of Law. A complaint that is mostly conclusory does not meet the rules required for a stockholder to pursue a derivative remedy. ...

Stone v. Ritter
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View this case and other resources at: Citation. Del. Sup. Ct., 911 A.2d 362, en banc (2006). Brief Fact Summary. Shareholders (Plaintiff) brought a derivative action against AmSouth Bancorporation (AmSouth) directors (Defendant) contending that demand was excused because the Defendant breached their oversight duty.  Allegedly, the breach caused approximately $50 million in penalties the corporation was required to pay as a consequence of its employees’ failure to file specific reports required by federal banking regulations. Synopsis of Rule of Law. W ...

J.I. Case Co. v. Borak
Brief

View this case and other resources at: Citation. 377 U.S. 426 (1964) Brief Fact Summary. Borak (P), a shareholder of J.I. Case Co. (D), sought private relief arguing that shareholders approved a merger with another corporation with proxy statements that violated federal securities laws. Synopsis of Rule of Law. The court is free to design an appropriate remedy, and a private civil action will lie, when a federal securities act has been violated, but no private right of action is specifically authorized or prohibited. ...

Singleton v. Foreman
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In Re James H. Himmel, Attorney
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Shaughnessy v. Eidsmo
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Yarbro v. Neil B. McGinnis Equipment Co.
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Speelman v. Pascal
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Erickson v. Grande Ronde Lumber Co.
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H.R. Moch Co. v. Rensselaer Water Co.
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Beverly Glen Music, Inc. v. Warner Communications, Inc.
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