James C. Smith

John Byrd Martin Chair of Law

B.A., St. Olaf College
J.D., University of Texas


Courses

Property
Real Estate Transactions
Secured Transactions
Housing Law
Water Law
Real Estate Development


Biographical Information

James C. Smith joined the Georgia Law faculty in 1984 and was named the holder of the John Byrd Martin Chair of Law during 1997. He specializes in property, real estate transactions and commercial law.

Smith's scholarship includes several books: Property: Cases and Materials (with professors Larson, Nagle and Kidwell, 2d ed. 2008), Real Estate Transactions: Problems, Cases and Materials (with Professor Malloy, 3d ed. 2007), Federal Taxation of Real Estate (with Professor Samansky, 2009) and Neighboring Property Owners (1988, with supplements 1990-2009). In addition, Smith has assumed authorship of the best-selling treatise on real estate law, Friedman on Contracts and Conveyances of Real Property, the seventh edition of which was published in 2005. He has also published numerous articles and book chapters and has served as a Fellow of CALI (Center for Computer-Assisted Legal Instruction) to develop electronic teaching materials for property.

Smith is frequently invited to give guest lectures and to make presentations at academic conferences. He serves in leadership positions in a number of professional organizations, including the American Bar Association, the Association of American Law Schools and CALI. Smith also takes an active role in advising policymakers. He has testified before Congress on four occasions: twice regarding a proposed bill to exempt certain federal workers from state income tax and twice regarding state taxation of nonresidents' pension income.

Smith earned his bachelor's degree from St. Olaf College and his law degree from the University of Texas. He then served as a judicial clerk for Judge Walter R. Ely of the U.S. Court of Appeals for the 9th Circuit and practiced for four years as an associate with Baker Botts in Houston, Texas. Prior to coming to UGA, Smith was an assistant professor at the Ohio State University College of Law. He has also been a visiting professor at the University of Alabama, the University of Texas, Washington University School of Law, the University of Iowa, the University of Reading (England), the University of Regensburg (Germany) and the Instituto Tecnológico Autónomo de México (ITAM) in Mexico City.

An avid runner, Smith has participated in the Boston Marathon on five occasions between 1981 and 2002.


Publications & Activities

ARTICLES
BOOK REVIEWS
BOOKS
CHAPTERS
PROCEEDINGS

ARTICLES

Overview of Green Building and Associated Legal Issues, 26 Nat. Resources & Env't 13 (2012).

Some Preliminary Thoughts on the Law of Neighbors, 39 Ga. J. Int'l & Comp. L. 757 (2011).

Modern Mortgage Markets and How Mortgage Fraud Has Flourished, 24 Prob. & Prop 32 (2010).

The Structural Causes of Mortgage Fraud, 60 Syracuse L. Rev. 473 (2010).

Restrictions on Freedom of Expression Imposed by Servitudes, 16 Digest 1 (2009).

The Law of Yards, 33 Ecology L.Q. 203 (2006).

The Problem of Social Cost in a Genetically Modified Age, 58 Hastings L.J. 87 (with Paul J. Heald).

Kelo v. City of New London: Supreme Court Refuses to Hamstring Local Governments, 20 Prob.& Prop. 17 (2006).

Family Life and Moral Character, 12 Tex. Wesleyan L. Rev. 431 (2005) (Symposium: The Power of Stories: The Intersections of Law, Literature, and Culture: Harry Potter, Law, and Culture: Harry Potter and the Law).

Status, Rules, and the Enslavement of the House-Elves, 12 Tex. Wesleyan L. Rev. 456 (2005) (Symposium: The Power of Stories: The Intersections of Law, Literature, and Culture: Harry Potter, Law, and Culture: Harry Potter and the Law).

Modernizing the Law of Secured Transactions: Non-Uniform Provisions of Georgia’s Revised Article 9, 37 Ga. L. Rev. 205 (2002).

Markets and Law Reform: The Tension Between Uniformity and Idealism, 20 Nova L. Rev. 1165 (1996).

The Dynamics of Landlord-Tenant Law and Residential Finance: The Comparative Economics of Home Ownership, 44 Wash. U. J. Urb. & Contemp. L. 3 (1993).

Ownership and Use of Subterranean Space, 14 E. Min. L. Found. 4-1 (1993).

State Taxation of Nonresidents' Pension Income, 56 Tax Notes 221 (1992) (with Walter Hellerstein).

State Taxation of Federally Deferred Income: The Interstate Dimension, 44 Tax L. Rev. 349 (1989) (with Walter Hellerstein).

Tenant Remedies for Breach of Habitability: Tort Dimensions of a Contract Concept, 505 U. Kan. L. Rev. 505 (1987).

Developments in the Law: Coal and Minerals, 7 E. Min. L. Found. 10-1 (1986).

School Desegregation, 54 Tex. L. Rev. 822 (1976).

BOOK REVIEWS

A History of Water Rights at Common Law (J. Getzler), 24 Law & Hist. Rev. 220 (2006).

Icons and Aliens: Law, Aesthetics, and Environmental Change, 78 Cal. L. Rev. 787 (1990).

The Transformation of American Law, 1977 Wis. L. Rev. 1253 (1977).

BOOKS

Property and Sovereignty: Legal and Cultural Perspectives (Ashgate Publishing, 2013).

Real Estate Transactions: Problems, Cases, and Materials, 4th ed. (Aspen Publishers, 2013) (with Robin Paul Malloy).

The Law of Property: Cases and Materials, 3rd ed. (Aspen Publishers, 2013) (with E. Larson and J. Nagle).

Friedman on Contracts and Conveyances of Real Property, 7th ed. (Practicing Law Institute, 2011) (with Milton R. Friedman).

The Glannon Guide to Property, 2nd ed. (Aspen Publishers, 2011).

Property: Cases and Materials, 2nd ed. (Aspen Publishers, 2008) (with Larson, Nagle, and Kidwell).

The Glannon Guide to Property (Aspen Publishers, 2008).

Real Estate Transactions: Problems, Cases, and Materials, 3rd ed. (Aspen Publishers, 2007) (with Robin Paul Malloy).

Real Estate (Emanuel Law Outlines, 2006) (with Robin Paul Malloy).

Friedman on Contracts and Conveyances of Real Property, 7th ed. (Practising Law Institute, 2005) (2006, 2007, 2008, 2009 supps.).

Property: Cases & Materials (Aspen Publishers 2004) (with Edward J. Larson, John Copeland Nagle, and John A. Kidwell).

Friedman on Contracts and Conveyances of Real Property, 6th ed. (Practising Law Institute, 2002) (2003, 2004 & 2005 supps.)

Real Estate Transactions: Problems, Cases, and Materials, 2nd ed. (Aspen Publishers, 2002) (with Robin P. Malloy). 

Documentary Problem Supplement, 2nd ed. (Aspen Publishers, 2002) (with R. Malloy) (accompanies casebook).

Teacher’s Manual, 2nd ed. (Aspen Publishers, 2002) (with R. Malloy) (accompanies casebook).

Real Estate Roadmap. (Aspen Law & Business, 2000) (with Robin Paul Malloy).

2000 and 2001 supplements to Contracts and Conveyances of Real Property, 6th ed. (PLI, 1998).

Real Estate Transactions: Cases and Materials on Law, Markets, and Ethics. (Aspen Publishing, 1998) (with Robin Malloy).

Neighboring Property Owners. (Shepard's/McGraw-Hill, 1988) (with Jacqueline Hand) (with 1995, 1996, 1997, 1998, 2000, 2001, 2003, 2004, 2006, 2007, 2007/2008, 2008/2009 supps.).

Federal Taxation of Real Estate. (Law Journal-Seminars Press, 1995; orig. pub. 1985) (updated semi-annually through 2000) (annual updates 2001-2009) (with Allan J. Samansky).

CHAPTERS

"Property and Sovereign Power" in Property and Sovereignty (Ashgate Publishing, 2013).

"Some Reflections on the Merits of Property Tax" in Tax Law and Policy: Beyond Economic Efficiency (Aspen Publishers, 2013).

"Homestead Laws," "Liens," "Subdivision Control," and "Warranties" in Encyclopedia of Housing, 2d ed. (A. Carswell ed.) (Sage Publications, 2012).

"Tulk v. Moxhay: The Fight to Develop Leicester Square" in Property Stories, 2d ed. (Foundation Press, 2009).

"Article 9 and the Law of Real Estate Financing" in Secured Transactions Under the Uniform Commercial Code (Matthew Bender, 2009) (with Julian McDonnell).

"Managing the Risks of Natural Disasters in Public Housing" in Affordable Housing and Public-Private Partnerships (Ashgate Publishing, 2009).

"Private Property, Community Development, and Eminent Domain" in Private Property, Community Development, and Eminent Domain (Ashgate Publishing, 2008) (with Robin Paul Malloy).

"Pollen Drift and the Bystanding Farmer: Harmonizing Patent Law and Common Law on the Technological Frontier" in Seeds of Resistance; Seeds of Hope (Univ. of Arizona Press, forthcoming) (with Paul Heald).

"Initial Financing Statements: The Impact of Revised Article 9" in Secured Transactions Under the Uniform Commercial Code (Matthew Bender, 2006) (with Julian McDonnell).

"Restraints on the Creation of Security Interests" in Secured Transactions Under the Uniform Commercial Code (Matthew Bender, 2006).

"Leases of Personal Property" in Secured Transactions Under the Uniform Commercial Code. (Matthew Bender, 2004).

CALI lessons in Property Law:  "Landlord and Tenant: Quiet Enjoyment," "Constructive Eviction," and "Delivery of Possession and Title Covenants." (The Center for Computer-Assisted Legal Instruction,  2002).

CALI Lessons in Property Law:  "Distinction between Real Property and Personal Property," "Landlord and Tenant: An Introductory Lesson," "Landlord and Tenant: Statute of Frauds," "Periodic Tenancy," "Tenancy at Sufferance (Holdover Tenants)," "Tenancy at Will," and "Tenancy for Years."  (The Center for Computer-Assisted Legal Instruction, 2001).

"Involuntary Conversions of Property" and "Qualified Residence Interest" in Federal Taxation of Real Estate. (Law Journal-Seminars Press, 2000).

"A Case of Adverse Possession (Case File)" in Dynamics of Trial Practice: Problems and Materials. (West Pub., 1995).

"Leases of Personal Property" in Secured Transactions under the Uniform Commercial Code. (Matthew Bender, 1990).

"Defenses to Mortgage Foreclosures in Ohio" in Ohio Mortgage Foreclosures. (Professional Education Systems, Inc., 1983).

PROCEEDINGS

Statement, State Taxation of Non-resident Employees at Certain Federal Facilities, Hearing before the Senate Comm. on Government Affairs, 105th Cong., 1st Sess. (Oct. 24, 1997).

Statement, State Taxation of Employees at Certain Federal Facilities, Hearing before the Subcomm. on Commercial and Administrative Law of the House Comm. on the Judiciary, 105th Cong., 1st Sess. 61-68 (April 17, 1997).

Statement, State Taxation of Nonresidents' Pension Income, Hearing before the Subcomm. on Commercial and Administrative Law of the House Comm. on the Judiciary, 104th Cong., 1st Sess. 21-29, 31-38 (1995).

Statement, State Taxation of Nonresidents' Pension Income, Hearing before the Subcomm. on Economic and Commercial Law of the House Comm. on the Judiciary, 103rd Cong., 1st Sess. 68-81, 139-145 (1993).

James C. Smith

Contact Information

University of Georgia
School of Law
331 Rusk Hall
Athens, GA 30602

Phone: (706) 542-5210
Fax: (706) 542-7404
Email: jim@uga.edu


Administrative Support

Shawn Lanphere
Phone: (706) 542-9357
Email: shawlan@uga.edu


Related Links

Digital Commons
SSRN
Download High-Res Headshot
Download High-Res Bio Photo