The following black letter is excerpted from Tentative Draft No. 5, which contains § 6.2. Rezonings—Spot Zoning.
Henry E. Smith Posts
Constructive Notice
Henry E. Smith | Jun 27 2024 | Property
The following black letter is excerpted from Tentative Draft No. 5, which contains § 3.2. Constructive Notice
Lease for Residential Use: Implied Warranty of Habitability
Henry E. Smith | Jun 24 2024 | Property
The following black letter is excerpted from Tentative Draft No. 5, which contains § 6.1. Lease for Residential Use—Implied Warranty of Habitability.
Trespass to Land and Intent
Henry E. Smith | Apr 16 2021 | Property
The following entry is excerpted from Tentative Draft No. 2 for Restatement of the Law Fourth, Property. Included below is the Topic Note to Trespass to Land, Generally; § 1.5. Intent Required for Trespass to Land, and Comment b. to § 1.5.
Property Torts
Henry E. Smith | Apr 14 2021 | Property
In this video, Henry E. Smith and John C.P. Goldberg discuss the connection property torts has to both Restatements of Torts and Property.
Reporters’ Guide to: Restatement of the Law Fourth, Property
Henry E. Smith | May 20 2020 | Property
In this video summary, project Reporter Henry E. Smith is joined by Associate Reporters John C.P. Goldberg, Thomas W. Merrill, and Christopher M. Newman to provide an overview of this year’s Tentative Draft No. 1.
Restating the Architecture of Property
Henry E. Smith | Mar 21 2019 | Property
Property law has proven difficult to restate, with none of The American Law Institute’s previous Restatements coming close to covering the full breadth of this area. In addition to trying to fill this gap, those working on the current Fourth Restatement aim to capture the architecture of property.
Why Re-Restate Property?
Henry E. Smith | Oct 11 2017 | Property
“Restatement Fourth of Property” sounds like an exercise in excess. It isn’t. It is true that there have been three rounds of previous Restatements of Property that have contributed greatly to the development of the law. And it is also the case that property law presents a large and seemingly disparate set of problems, doctrines, and institutions, making any attempt to restate the law in this area no small challenge.