1. Class One:
Introduction
and Class Overview

2. Welcome !!! We are about to set off together on a grand adventure.
An Adventure of
Discovery,
Suspense,
Mystery,
and Intellectual Excitement.

3. The Adventure
of the Law of Property

4. Where Will This Adventure Bring Us?
On the Road Ahead – We Will:
Explore
the very foundation of our liberty;
Examine
the fundamentals of our freedom;
Search
among the answers
of our oldest concepts
of legal rights
and human beliefs; and
Discover
the very basis for our law and
what we truly value as a society.

5. Do You Seek Adventure? So if you have the daring and the enthusiasm:
Climb aboard and join us
Become a participant in this grand adventure.
And get ready for an experience, that you will open your mind, to an understanding and appreciation:
That you can’t forget and
That you will use for your entire life.

6. Are you Ready? Are you Excited?
Here we Go!

7. What you Need to Know: Before you sign on to our grand adventure,
however,
there are some things,
you will need to know.

8. Class Administration

9. First: Every Adventure needs a Guide.
Your Humble Professor, Mentor and Intellectual Resource

10. What you need to know about me:
Professional Background
Attorney – Admitted to Practice Before State and Federal Courts
Professor – Long Time Law Professor
Counsel – NYS Senate, Former NYS Deputy Attorney General
My Biography is on my website.
Personal Background
Married – Wife Marilyn. Two Children – Katie 20, Lizzie 17.
Personality – Sincere, Easy Going, Friendly and Approachable.
Can be reached here in person after class or by appointment
Telephone (Cell):
Website:

11. Statement of Teaching Philosophy
Teaching is among the noblest of human pursuits. Through its communication of knowledge and experience, our society is advanced, and our civilization is offered the
promise of a brighter tomorrow.
This high mantle of responsibility requires an effective teacher to possess a number of talents as well as expend a great deal of energy, enthusiasm and effort. As a
result, the measures of effective teaching include:
1. Knowledge;
2. Communication;
3. Retention; and
4. Understanding.
The threshold measure of effective teaching is knowledge. A Professor must exhibit, through education, study, background and experience, a fundamental knowledge
of the subject matter. Moreover, such knowledge must be kept timely, through regular research on recent developments, theories and advances. Knowledge is not a
static quality, but an ever growing and evolving virtue. Great teachers know their subject.
Knowledge alone, however, is not enough. Like some many other pursuits in life, high quality teaching also requires communication. A Professor must demonstrate
effective two way communication, to assure not only the delivery, but also the receipt, of the knowledge to be conveyed. Such effective communication takes place when
a teacher is always prepared, exudes a contagious enthusiasm for the subject discussed, offers concepts in an understandable, focused and interesting manner, and
shares a passion, relevance and real world application of the material presented. Great teachers motivate, fascinate and educate.
Conveyance of knowledge through effective communication, however, is only the first step to first class teaching. Equally important is the retention of such conveyed
knowledge by the student. For if such knowledge is not retained, the conveyance was in vain. A Professor succeeds when their student succeeds, and a professor should
not only assure delivery, but also develop methods and measures that promote long term retention. Different students retain differently, requiring the use of a variety of
mediums and methods. Lectures, written materials, audio and visual presentations and practical interactions must all be selected and presented in a complementary
manner, to promote the repetition and reinforcement that leads to retention, without the dull redundancy that produces boredom and disinterest. Creative Intellectual
devices and responsive measurements further prove helpful in pursuit of this goal. In the end, retention is a cornerstone to learning. Great teachers communicate
knowledge in ways it will be retained.
The final measure of effective teaching is student understanding. A Professor has succeeded when their student understands the retained knowledge communicated.
Building understanding, the hardest task in all of teaching, requires a Professor to motivate students to develop their own intellectual talents, and to apply their recently
retained knowledge to new and different situations. Offered by way of the teacher’s enlightened path of perspective and insight, understanding is attained by the student
through their own thought and analysis. Through understanding, the future application and extension of communicated knowledge can be achieved. Producing
understanding is thus the essential element of education. It is the fundamental factor for which a teacher must effectively test, and inspiring students to achieve it, is the
ultimate hallmark of an effective teacher. Great teachers advance understanding.
It these four measures, knowledge, communication, retention and understanding, that I wish to employ as a professor at SUNYA. It is through their framework that I wish to
offer my time, talent, energy, enthusiasm and effort. It is upon their foundation, that I wish to combine my experience, to provide an added depth and relevance in the
education of our students. It is upon this philosophy, that I wish to develop into a great teacher.

12. Rules for Our Adventure:
For our Adventure to be Successful:
1. We need to get to know each other.
You now know a bit about me, and so I need to know a bit about you.
Please Complete the Student Biography Form
Its worth 3 points toward your final grade

13. As a result, each Class will begin by taking roll.
Rules for Our Adventure:
For our Adventure to be Successful:
2. You need to come to Class.
The first step of any successful adventure is simply to be there.
As a result, each Class will begin by taking roll.
Class attendance will be a part of your final grade.
A total of 12 points (one point for every Class).

14. Rules for Our Adventure:
For our Adventure to be Successful:
3. You Will Need:
A Thirst for Intellectual Excitement
A Hunger to be a Part of a Challenge
A Willingness to Explore and Eagerness to Learn
NO TEXTBOOK:
– They are expensive, and we have provided selected readings.
A Bag, Backpack, or Brief Case
- To take home weekly handouts of the class slides.
Access to a computer, to visit our class website
- Where one can find everything you need for a successful adventure.

19. So Let’s Begin Our Grand Adventure

20. An Adventure in the Law Well, we need to learn that good law students,
To start our Adventure we need to know:
What is the “Law”?
We need to find out, we need to discover this answer.
And just how do we do that?
Well, we need to learn that good law students,
like good adventures and explorers,
develop a well earned love for books.
For Books are the treasure trove of answers.

21. Adventures in Law – Just What is the Law ?
That is why every really wonderful adventure
starts with a good book

22. Adventures in Law – Just What is the Law ?
So Let’s Start with Black’s
Black’s Law Dictionary
is the Gold Standard
of Legal Definitions.
If we need to know a term
in the law, a legal definition,
we should start with Black’s.

23. “Law is the Rules by which civilization is ordered.”
And so,
What is the “Law”?
The “Law” has been defined by Black’s Law Dictionary as follows:
“That which is laid down, ordained, or established.
A rule or method according to which a phenomena or actions co-exist or follow each other.
Law, in its generic sense, is a body of rules of action or conduct proscribed by controlling authority, and having binding legal force. …
Law is a solemn expression of the will of the supreme power of the state.”
Perhaps the simplest description of the Law, however, is that:
“Law is the Rules by which civilization is ordered.”

24. The Chief Elements / Components of the Law are:
Early laws were simply directives from a king or sovereign.
Modern Laws are Enacted by a Legislature
(In America that is Congress for the Federal Government
and State Legislatures for State Governments)
1. Rules
2. Pronounced, laid down and/or issued by a controlling authority;
3. That are consistent and lasting; and
4. That are enforceable and followed by the governed.

25. Modern Laws Include: Constitutions: Both Federal and State
Statutes: Enacted by Elected Legislative Bodies
(Such as Congress or State Legislature)
Case Law: Also known as “The Common Law”
(Case Decisions delivered by Courts)
Regulations: Promulgated by government (Executive) agencies (Agency pronouncements designed to amplify or clarify their authority as provided in statute or constitution)
Executive Orders: Issued by Executive (President or Governor) (Instructions by the Executive to their agencies directing them how to execute a procedure or law)

26. Laws as Rules: So when we say that:
Laws are the rules by which civilization is ordered
What do we base their authority on?
Where does that the authority for that Rule Book come from?
It comes from America’s Ultimate Rule Book – Our Constitution

27. The United States of America
Our Founders set up our Nation
The United States of America
as a Representative, federal, Republic.
Pursuant to our United States Constitution,
our laws come from our government
and the sovereignty or power for our
government rests in the people.
This system is set up by our
United States Constitution
establishes the Rule Book
for our Government and its Laws.

28. The United States of America
A Representative, federal, Republic.
Articles IV and VI of the United States Constitution
expressly provide:
The United States shall guarantee to every State in this Union
a Republican Form of Government … and
This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof;
and all Treaties made, or which shall be made,
under the Authority of the United States,
shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby,
any Thing in the Constitution or Laws of any state
to the Contrary notwithstanding.

29. As a result of this representative, federal, republic:
Laws are made pursuant to the following construct:
Federal Government (For All National Laws – Supreme but Limited Powers)
President (Executive) Congress (Legislative) Federal Courts (Judicial)
State Government (For All State Laws – Subservient but Unlimited Powers)
Governor (Executive) State Legislature (Legislative) State Courts (Judicial)

30. Federal Government (Separation of Powers and Checks and Balances)
President (Executive) Congress (Legislative) Federal Courts (Judicial)
Supreme Court
US Senate US House of Representatives
US Court of Appeals
US District Court

31. State Government (Pursuant to State Constitution – Similar Checks and Balances)
Governor (Executive) State Legislature (Legislative) State Courts (Judicial)
NYS Court of Appeals
NYS Senate NYS Assembly
Appellate Division of NYS Supreme Court
NYS Supreme Court

32. Priority of Laws:
1. Constitution: Established by Convention of Elected Delegates to provide governmental framework and protections of individual rights, they are supreme to all other laws as interpreted by the Courts
2. Statute: Laws passed (enacted) by an elected legislative body (Congress or State Legislature) and signed into law by the Executive (President or Governor).
3. Regulation: Promulgated by government (Executive) agencies to amplify or clarify their authority as provided in statute or constitution.
4. Executive Order: Issued by Executive (President or Governor) as an instruction to their agencies on how to execute a procedure or law.
Case Law or Common Law -
Decisions issued by courts which provide legal rules by:
1. Interpretation of a Constitution, Statute, Regulation or Executive Order, or
2. Clarifying or creating law pursuant to past court decisions.

33. This is a class on the Law of Property
One can not have a true understanding the Law of Property
unless they have a true understanding of the Law.
For the two are intertwined and inseparable.
For to truly understand Law of Property
we need to think of Property as a Collection of Rights
and unless we have an understanding of the Law
it is unlikely we will understand
how such rights are derived and protected.
And thus we start our adventure next time
with a history of the law.

34. Class Exercise:
Running for Office and
How a Bill Becomes a Law

35. Thank you for Coming Bonus Questions of the Day
For next time – Read Assignments
for Class Two on the Webpage.
We are a hot bench.
Questions.