Law School

Miranda Rights, established by the Supreme Court in Miranda v. Arizona (1966), are constitutional safeguards that protect individuals from self-incrimination during custodial interrogation. These rights include the right to remain silent, the warning that anything said can be used against them in court, and the right to an attorney. The Miranda decision aimed to prevent coercive police practices and ensure that any waiver of rights is knowing, intelligent, and voluntary. Key case precedents have further shaped the understanding of Miranda Rights. Dickerson v. United States affirmed the constitutional basis of Miranda, while Berghuis v. Thompkins clarified that suspects must unambiguously invoke their rights. Custodial interrogation refers to questioning initiated by law enforcement after a person is taken into custody or deprived of their freedom. Miranda warnings are only required during custodial interrogation. A valid waiver of these rights must be knowing, intelligent, and voluntary. Exceptions to Miranda requirements exist, including the public safety exception and the impeachment exception. While supporters argue that Miranda Rights protect individual liberties and enhance fairness, critics contend that they impede effective policing. Empirical studies show mixed results on Miranda’s impact. Overall, Miranda Rights and Custodial Interrogation are crucial aspects of Constitutional Law, representing the ongoing effort to balance individual liberties with effective law enforcement.

Corporations and LLCs are two common types of business entities. Corporations are formed by filing articles of incorporation with the Secretary of State. They are characterized by limited liability, separate legal entity status, perpetual existence, and double taxation. LLCs are formed by filing articles of organization with the Secretary of State. They are characterized by limited liability, pass-through taxation, and flexible management.

Property Law What is Property? Property is a legally protected interest in something tangible or intangible. It can be classified into real property (land and attachments) and personal property (movable items and intangible rights). The Bundle of Rights Theory views property rights as a collection of individual rights, including possessing, using, excluding others from, and transferring ownership. History of Property Law Property law originated from English common law and developed through feudalism, market economies, and American colonial history. The feudal system transitioned into a system of private ownership. In American history, property law played a role in nation-building (Homestead Act of 1862) but was also used to dispossess Native Americans and justify slavery. Ways to Acquire Property First Possession, Adverse Possession, Discovery, Capture, Creation, Gift Key Doctrines and Concepts Estates and Future Interests, Rule Against Perpetuities, Co-Ownership Key Concepts in Property Ownership and Possession, Legal and Equitable Ownership Land Use and Zoning Regulations and Laws, Zoning Controversies Government's Power Over Property Eminent Domain, Kelo v. City of New London (2005) Private Land Use Controls Easements, Covenants, Equitable Servitudes, Nuisance Law Transfer of Property Voluntary Transfers, Involuntary Transfers, Contracts for Sale and Escrow, Title Searches and Insurance Mortgages and Financing Mortgage, Types, Foreclosure, Key Considerations Landlord-Tenant Law Types of Tenancies, Landlord Obligations, Tenant Obligations, Disputes and Protections Intellectual Property as Property Intellectual Property (IP), Patents, Copyrights, Trademarks, Trade Secrets, Ownership and Licensing, Emerging Issues Environmental and Natural Resource Law Regulatory Frameworks, Natural Resource Management, Policy Debates Policy Considerations and Reforms Access to Affordable Housing, Equity in Property Ownership, Technological Innovations, Proposed Reforms

Landlord-tenant law governs the relationship between property owners and renters, with tenancies like tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance. Landlord obligations include the implied warranty of habitability, covenant of quiet enjoyment, and prompt response to repairs, while tenant obligations include paying rent, maintaining the property, and avoiding illegal activities. Disputes often arise, and many jurisdictions provide additional protections for tenants. Intellectual property (IP) refers to creations of the mind and includes patents, copyrights, trademarks, and trade secrets. IP rights can be transferred or licensed, and enforcement often involves litigation. Emerging issues include AI's role in creation, globalization, digital rights management, and biotechnology patents. Environmental and natural resource law addresses the use and preservation of natural resources through regulatory frameworks like NEPA, the Clean Air Act, the Clean Water Act, and the Endangered Species Act. Natural resource management governs resource extraction, and policy debates focus on climate change, land use, and sustainable development. Property law evolves in response to societal changes, and key policy considerations include access to affordable housing, equity in property ownership, and technological innovations. Proposed reforms aim to expand tenant protections, encourage sustainable development, and strengthen anti-displacement policies.This lecture covers advanced property law topics, including mortgages and financing, landlord-tenant law, intellectual property, environmental and natural resource law, and policy considerations. Mortgages are legal agreements where borrowers pledge real property as security for loans. They include a promissory note and mortgage instrument and come in types like fixed-rate, adjustable-rate, and interest-only. Foreclosure occurs when a borrower defaults. Landlord-tenant law governs the relationship between property owners and renters, with different types of tenancies and obligations for both landlords and tenants. Intellectual property (IP) refers to creations of the mind and includes patents, copyrights, trademarks, and trade secrets. IP rights can be transferred or licensed. Environmental and natural resource law addresses the use and preservation of natural resources through regulatory frameworks and natural resource management. Property law evolves in response to societal changes, and key policy considerations include access to affordable housing, equity in property ownership, and technological innovations.