Christopher Serkin

Land Use Controls

An analysis of the societal function of private property rights illustrated by the resolution of conflicts between private uses of land and public control of land uses. Initially, an inquiry into the social function of trespass and nuisance is made. The degree to which private owners of land must recognize public values is assessed by considering the impact of federal and state control of air, noise and water pollution upon land users. An introduction to the concept of zoning, its constitutional basis, operation of classic and modern zoning ordinances, administration, and judicial review are examined.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final Exam.

Legal Theory Colloquium

This seminar will explore selected topics in contemporary legal theory. Subjects might include cultural cognition, new governance, hedonic adaptation, the new originalism in constitutional interpretation, etc. The course will use a colloquium format, meaning that every other week, outside authors will come speak to the class about their work. Students will be asked to write short response papers throughout the term, instead of a final exam or paper. Admission to the course will be based on a short application, consisting of a c.v., transcript, and a one-paragraph statement that describes the student's interest in the course and any topics that he or she would like to see covered.

Grading and Method of Evaluation

Letter grade with pass/fail option. A series of short papers are required.

Property

This course introduces students to the laws governing real and personal property transfer and ownership. Topics covered may include the historical development of various kinds of present and future interests in property; the sale and financing of real estate; landlord-tenant law; land use regulation; gifts of personal property; and non-traditional property rights.

Grading and Method of Evaluation

Letter grade only. Final exam.

Property Law Colloquium

This course will allow students to explore the theoretical underpinnings of significant debates in property law and urban policy. We will discuss topical articles with prominent scholars, practitioners and government officials. Possible topics include the appropriate use of eminent domain, local initiatives to increase the supply of affordable housing, the appropriate level of environmental review of land use issues, the role of property taxation in the provision of municipal services, the nature of neighborhood change, abandonment and gentrification, the globalization of real estate finance, brownfield redevelopment, and,exclusionary and inclusionary zoning.

In class weeks, students will learn the background necessary to discuss the assigned article with the presenter and will submit a short paper critiquing the assigned article. In colloquium weeks, students will attend the colloquium and discuss the article with the presenter.

Admission to the colloquium is through a written application available from the instructor.

Grading and Method of Evaluation

Letter grade with pass/fail option. Students required to write a series of short papers.

Trusts and Estates

This course provides an overview of the laws of wills and trusts, emphasizing both fundamental rules for the use of these property transfer devices and their practical integration in the practice of estate planning. The following general subjects are included in this study: history of the laws of inheritance; intestate succession; the protection of the family in the transfer of wealth; the formalities for the execution, amendment and revocation of wills; the creation and legal nature of different types of trusts, including constructive, resulting, private and charitable trusts; and gifts. Students electing this course may not enroll in Wills and Administration.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.