Teaching Pierson v. Post
37 Pages Posted: 25 Aug 2016 Last revised: 26 Aug 2021
Date Written: August 16, 2016
Abstract
This paper explains my approach to teaching Pierson v. Post. The case of Pierson v. Post is “one of the old chestnuts of property law.” It is usually included as one of the first cases in a first-year Property casebook, which means that Pierson is often one of the first cases that incoming law students struggle with during their first week of law school. This exposure, coupled with the fact that Pierson involves an accessible (and somewhat entertaining) fact pattern, explains why many practicing attorneys can still remember “the fox case.”
Keywords: Pierson, Post, Property, Fox, Personal Property, Rule of Capture, First in Time, Tompkins, Livingston, Puffendorf, Blackstone, Meier, Wild Animals, Possession, Rule of Capture, Efficiency, Fairness, Administrative, Policy, Descriptive, Legal Analysis, Jurisprudence
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