Abstract

Think back to first year property class. You are a bright-eyed 1L, and one of the first cases you read deals with hunting foxes on the beaches of Long Island, New York. The fact pattern seems obscure enough, but Pierson v. Post 1 is the seminal case used to teach generations of law students about the acquisition of property.2 The interest in Pierson has recently been reinvigorated thanks to the research of Angela Fernandez in uncovering the original record of this case, as The Law and History Review dedicated an entire issue to the facts, policies, and lessons to be learned from this famous foxhunt.3 Over 200 years after Pierson v. Post was litigated in the New York Supreme Court of Judicature, this case remains an archetypal case for property students, discussing how property rights can be acquired in the absence of positive legal allocations.4 In this case,

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