The Old Chestnut Explored: Thoughts About the Survival of Casner's <em>Cases and Text on Property</em> Long Past Its Prime

Brown, Barry

Journal: Seattle University Law Review

Volume: 22

First Page: 947

Year: 1999

Bluebook Citation: 22 SEATTLE U. L. REV. 947 (1999)

Author: Barry Allan Brown: all 4 publications


Abstract

The pedagogy of the Casner text-now often imitated-assumes a fractional approach to private property. The Hohfeldian bundle of rights rational for allocation and justification of property interests did not begin with Casner or Leach, but the fact that the first edition of the book bearing the combined authors' names appeared in 1947 and has been in continuous use since that time is a testament to the insight of its writers and to its timelessness. That the structure and themes of the text have been followed in a host of casebooks is, no doubt, the sincerest form of flattery

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