Teaching Pierson v. Post

37 Pages Posted: 25 Aug 2016 Last revised: 26 Aug 2021

See all articles by Luke Meier

Luke Meier

Baylor University - Law School

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

Suggested Citation

Meier, Luke, Teaching Pierson v. Post (August 16, 2016). 45 Capital University Law Review 389 (2017), Available at SSRN: https://ssrn.com/abstract=2824501 or http://dx.doi.org/10.2139/ssrn.2824501

Luke Meier (Contact Author)

Baylor University - Law School ( email )

Sheila & Walter Umphrey Law Center
1114 South University Parks Drive
Waco, TX 76706
United States

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