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 For Martha Minow
who has made all the difference
JWS

For Caleb Berger

who because of this project has been flipping through
property books since before he could talk
BB

For Clare Huntington

who always keeps me climbing higher
NMD

For my grandmother, Yolanda Grave de Peralta Peñalver,

whose loss of property
sparked my interest in the subject
EMP
In memory of
Mary Joe Frug
Property rights serve human values.
They are recognized to that end,
and are limited by it.

Chief J ustice J oseph Weintraub

Supreme Court of New J ersey, 1971
 SUMMARY OF CONTENTS
Contents
Preface to the Sixth Edition
A Guide to the Book
How to Brief a Case and Prepare for Class
Acknowledgments

PART ONE PROPERTY IN A FREE AND DEMOCRATIC SOCIETY

Chapter 1. Trespass: The Right to Exclude and Rights of Access
Chapter 2. Competing Justifications for Property Rights

PART TWOWHAT CAN BE OWNED?

Chapter 3. Intellectual and Cultural Property
Chapter 4. Human Beings and Human Bodies

PART THREE RELATIONS AMONG NEIGHBORS

Chapter 5. Adverse Possession
Chapter 6. Nuisance: Resolving Conflicts Between Free Use and Quiet Enjoyment
Chapter 7. Land Use and Natural Resources Regulation
Chapter 8. Servitudes: Rules Governing Contractual Restrictions on Land Use

OWNERSHIP IN COMMON
PART FOUR

Chapter 9. Concurrent, Family, and Entity Property

Chapter 10. Present Estates and Future Interests
Chapter 11. Leaseholds

PART FIVETHE LEGAL FRAMEWORK OF THE MARKET FOR REAL ESTATE

Chapter 12. Real Estate Transactions
Chapter 13. Fair Housing Law

PART SIX CONSTITUTIONAL PROTECTION FOR PROPERTY

Chapter 14. Equal Protection and Due Process
Chapter 15. Takings Law

Table of Cases
Selected Statutes
Index
 CONTENTS
Preface to the Sixth Edition
A Guide to the Book
How to Brief a Case and Prepare for Class
Acknowledgments

PART ONE
PROPERTY IN A FREE AND DEMOCRATIC SOCIETY

Chapter 1
Trespass: The Right to Exclude and Rights of Access
§1 Trespass
§1.1 Public Policy Limits on the Right to Exclude
State v. Shack (1971)
Desnick v. American Broadcasting Companies, Inc. (1995)
§1.2 Limits on the Right to Exclude from Property Open to the Public
Uston v. Resorts International Hotel, Inc. (1982)
§1.3 Trespass Remedies
Glavin v. Eckman (2008)
Jacque v. Steenberg Homes, Inc. (1997)
§1.4 Hohfeldian Terminology
§2 Discrimination and Access to “Places of Public Accommodation”
§2.1 The Antidiscrimination Principle
A. Federal Antidiscrimination Law
Civil Rights Act of 1964, Title II
Civil Rights Act of 1866
B. State and Local Law
New York Executive Law, Art. 15
§2.2 Discrimination Against Persons with Disabilities
Americans with Disabilities Act of 1990, Title III
§3 Free Speech Rights of Access to Public and Private Property
Lloyd Corporation, Ltd. v. Tanner (1972)
§4 Beach Access and the Public Trust
Matthews v. Bay Head Improvement Association (1984)
§5 The Right to Be Somewhere and the Problem of Homelessness

Chapter 2
Competing Justifications for Property Rights
§1 Property and Sovereignty
§1.1 United States and American Indian Sovereignty
Johnson v. M’Intosh (1823)
§1.2 Competing Justifications for Property Rights
§1.3 Past Wrongs, Present Remedies: Modern Indian Land Claims
§2 Government Grant
§2.1 Homestead Acts and Land Grants
§2.2 Squatters
James Willard Hurst, Law and the Conditions of Freedom in the
Nineteenth-Century United States
§2.3 Freed Slaves
§2.4 Basic Needs Fulfillment
§3 Labor and Investment
§3.1 Creative Labor
International News Service v. Associated Press (1918)
§3.2 Commonly Owned Property: Tragedy or Comedy?
§3.3 Ownership of Labor
§4 Families
§4.1 Child Support
Bayliss v. Bayliss (1989)
§4.2 Gifts and Inheritance
§5 Possession
§5.1 Wild Animals
Pierson v. Post (1805)
§5.2 Baseballs
Popov v. Hayashi (2002)
§5.3 Capture of Natural Resources
Elliff v. Texon Drilling Co. (1948)
§5.4 Possession and the Presumption of Title
Willcox v. Stroup (2006)
§6 Relativity of Title
§6.1 Finders
Armory v. Delamirie (1722)
Charrier v. Bell (1986)
§6.2 Real Property
Christy v. Scott (1854)
§6.3 Transfer of Stolen Property
§7 Property Formation in Everyday Life
Erving Goffman: Asylums: Essays on the Social Situation of Mental
Patients and Other Inmates
PART TWO
WHAT CAN BE OWNED?

Chapter 3
Intellectual and Cultural Property
§1 Introduction
§1.1 Intangible Property
§1.2 Theories of Intellectual Property
§2 Unfair Competition and Misappropriation
§3 Trademark Law
Qualitex Co. v. Jacobson Products Co. (1995)
§4 Copyright Law
§4.1 Original Works of Authorship
A. The Copyright Act
Copyright Act of 1976
B. “Original” Works
Feist Publications, Inc. v. Rural Telephone Service Co. (1991)
§4.2 Fair Use
Suntrust Bank v. Houghton Mifflin Co. (2001)
§4.3 Moral Rights
§5 Patent Law
§5.1 Patentability
Association for Molecular Pathology v. Myriad Genetics, Inc. (2013)
Juicy Whip, Inc. v. Orange Bang, Inc. (1999)
§5.2 Patent Remedies
eBay, Inc. v. MercExchange, L.L.C. (2006)
§6 Publicity Rights
Martin Luther King, Jr. Center for Social Change v. American
Heritage Products (1982)
§7 Cultural Property
§7.1 The International Market in Cultural Property
United States v. Schultz (2002)
§7.2 Native American Cultural Property
Wana the Bear v. Community Construction, Inc. (1982)

Chapter 4
Human Beings and Human Bodies
§1 Property Rights in Human Beings
§2 Slavery
 Dred Scott v. Sanford (1857)
§3 Children
In the Matter of Baby M (1988)
§4 Frozen Embryos
§5 Body Parts
§5.1 Are Body Parts Property?
Moore v. Regents of the University of California (1990)
§5.2 Markets in Body Parts
Flynn v. Holder (2012)

PART THREE
RELATIONS AMONG NEIGHBORS

Chapter 5
Adverse Possession
§1 Title versus Possession
§1.1 Border Disputes
Brown v. Gobble (1996)
§1.2 Color of Title
Romero v. Garcia (1976)
§1.3 Squatters
Nome 2000 v. Fagerstrom (1990)
§2 Justifications for Adverse Possession: “Roots Which We Should Not
Disturb” or “Land Piracy”?
§3 Prescriptive Easements
Community Feed Store, Inc. v. Northeastern Culvert Corp. (1989)
§4 Other Informal Ways to Transfer Title to Real Property
§4.1 The Improving Trespasser
A. Removal of Encroaching Structures: Relative Hardship
B. Enrichment versus Forced Sale
Somerville v. Jacobs (1969)
§4.2 Boundary Settlement
A. Oral Agreement
B. Acquiescence
C. Estoppel
D. Laches
§4.3 Dedication
§4.4 Riparian Owners: Accretion and Avulsion
§5 Adverse Possession of Personal Property
Chapter 6
Nuisance: Resolving Conflicts Between Free Use and Quiet Enjoyment
§1 Land Use Conflicts Among Neighbors
§2 Nuisance
§2.1 Defining Unreasonable Interference
Dobbs v. Wiggins (2010)
Page County Appliance Center, Inc. v. Honeywell, Inc. (1984)
§2.2 Nuisance Remedies
Boomer v. Atlantic Cement Co. (1970)
§2.3 Nuisance or Trespass?
Johnson v. Paynesville Farmers Union Cooperative Oil Co. (2012)
§3 Light and Air
Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc. (1959)
Prah v. Maretti (1982)
Law and Economics Analysis of Nuisance
§4 Water Rights
§4.1 Diffuse Surface Water: Flooding Problems
Armstrong v. Francis Corp. (1956)
Policy Arguments and Counterarguments
§4.2 Ownership of Water
§5 Support Rights
§5.1 Lateral Support
Noone v. Price (1982)
Massachusetts State Building Code
International Building Code §3307
§5.2 Subjacent Support
Friendswood Development Co. v. Smith-Southwest Industries, Inc.
(1978)

Chapter 7
Land Use and Natural Resources Regulation
§1 Land Use Regulation: Origins, Authority, and Process
§1.1 The Roots and Structure of Zoning
§1.2 Zoning Authority and Validity
Village of Euclid v. Ambler Realty Co. (1926)
§1.3 Other Land Use Regulatory Regimes
§1.4 Modernizing Zoning
§1.5 Patterns in Land Use Litigation
§2 Constraints on Zoning Authority to Protect Preexisting Property Rights
§2.1 Prior Nonconforming Uses
 Town of Belleville v. Parrillo’s, Inc. (1980)
§2.2 Vested Rights
Stone v. City of Wilton (1983)
§3 Rezoning and Challenges to Zoning Classifications
Durand v. IDC Bellingham, L.L.C. (2003)
§4 Administrative Flexibility: Zoning Boards
§4.1 Variances
Krummenacher v. Minnetonka (2010)
§4.2 Special Exceptions
§5 The Problem of Exclusionary Zoning
Southern Burlington County NAACP v. Township of Mount Laurel
(1975)
§6 Expression, Speech, and Religion in Land Use
§6.1 Aesthetic Zoning, Expression, and Discretion
Anderson v. City of Issaquah (1993)
§6.2 Restrictions on Free Speech in Land Use Regulation
§6.3 Freedom of Religion and Religious Land Uses
Westchester Day School v. Village of Mamaroneck (2007)
§7 Environmental Regulations and Land Use
§7.1 Owner Liability for Hazardous Wastes
§7.2 Environmental Impact Assessment
§7.3 Climate Change and Land Use Planning: Mitigation and Adaptation
§8 Natural Resources Regulation
§8.1 Regulating Property in Natural Resources
§8.2 Water Law
State Department of Ecology v. Grimes (1993)

Chapter 8
Servitudes: Rules Governing Contractual Restrictions on Land Use
§1 Servitudes
§2 Easements
§2.1 Definition and Background
§2.2 Creation by Express Agreement
A. Writing (Statute of Frauds)
California Statute of Frauds
New York Statute of Frauds
B. Limits on Negative Easements
C. Running with the Land
§2.3 Interpretation of Ambiguous Easements
A. Appurtenant or In Gross
 Green v. Lupo (1982)
B. Scope and Apportionment
Cox v. Glenbrook Co. (1962)
Henley v. Continental Cablevision of St. Louis County, Inc. (1985)
§2.4 Creation of Easements by Implication
A. Easements by Estoppel
Lobato v. Taylor (2002)
B. Easements Implied from Prior Use
Granite Properties Limited Partnership v. Manns (1987)
C. Easements by Necessity
Finn v. Williams (1941)
§2.5 Modifying and Terminating Easements
§3 Covenants
§3.1 Definition and Background
§3.2 Creation of Covenants
A. The Traditional Test
Neponsit Property Owners’ Association v. Emigrant Industrial
Savings Bank (1938)
B. The Restatement (Third) and Its Influence
C. Remedies
§4 Covenants in Residential Subdivisions, Condominiums, and Other Multiple
Owner Developments
§4.1 Implied Reciprocal Negative Servitudes in Residential Subdivisions
Evans v. Pollock (1990)
Sanborn v. McLean (1925)
Riley v. Bear Creek Planning Committee (1976)
§4.2 Common Interest Developments and Property Owners Associations
A. Residential Subdivisions and Condominiums
B. Cooperatives
C. Community Land Trusts and Limited Equity Co-ops
D. Competing Perspectives
§4.3 Relationship Between Unit Owners and Developers
Appel v. Presley Cos. (1991)
§5 Substantive Limitations on Creation and Enforcement of Covenants
§5.1 Review for Reasonableness and Public Policy Violations
A. Covenants
Davidson Brothers, Inc. v. D. Katz & Sons, Inc. (1994)
Nahrstedt v. Lakeside Village Condominium Association, Inc. (1994)
B. Rules and Bylaws
O’Buck v. Cottonwood Village Condominium Association, Inc. (1988)
 Neuman v. Grandview at Emerald Hills, Inc. (2003)
§5.2 Constitutional Limitations
Shelley v. Kraemer (1948)
§5.3 The Fair Housing Act
§5.4 Restraints on Alienation
Northwest Real Estate Co. v. Serio (1929)
Woodside Village Condominium Association, Inc. v. Jahren (2002)
§5.5 Anticompetitive Covenants
§6 Modifying and Terminating Covenants
§6.1 Changed Conditions
El Di, Inc. v. Town of Bethany Beach (1984)
§6.2 Relative Hardship
§6.3 Other Equitable Defenses
§6.4 Statutes
Blakeley v. Gorin (1974)

PART FOUR
OWNERSHIP IN COMMON

Chapter 9
Concurrent, Family, and Entity Property
§1 Varieties of Common Ownership
§2 Concurrent Tenancies
§2.1 Forms of Concurrent Tenancies
A. Tenancy in Common
B. Joint Tenancy
C. Tenancy by the Entirety
§2.2 Sharing Rights and Responsibilities Between Co-Owners
A. Division of Benefits and Expenses
B. Conflicts over Rent and Possession
Olivas v. Olivas (1989)
C. Conflicts over Unilateral Transfers in Tenancy in Common and
Joint Tenancy
Carr v. Deking (1988)
Tenhet v. Boswell (1976)
D. Conflicts over Transfers in Tenancies by the Entirety
Sawada v. Endo (1977)
§2.3 Partition
Ark Land Co. v. Harper (2004)
§3 Family Property
 §3.1 Marital Property: Historical Background
A. Coverture, Dower, and Curtesy
B. Married Women’s Property Acts
§3.2 Community Property and Separate Property
A. Separate Property
B. Community Property
C. Premarital Agreements
D. Homestead Laws
§3.3 Divorce: Equitable Distribution of Property
Montana Equitable Distribution Statute
O’Brien v. O’Brien (1985)
§3.4 Child Support
§3.5 Unmarried Partners
Watts v. Watts (1987)
§3.6 Same-Sex Partners
§4 Entity Property
Berle & Means, The Modern Corporation and Private Property
(1932)
Butler, The Contractual Theory of the Corporation (1989)

Chapter 10
Present Estates and Future Interests
§1 Division of Ownership over Time
§2 Historical Background: Death and Taxes
§3 The Contemporary Estates System
§3.1 Fee Simple Interests
A. Fee Simple Absolute
B. Defeasible Fees
§3.2 Life Estates
A. Reversions and Remainders
B. Contingent and Vested Remainders
C. Destructibility of Contingent Remainders
§4 Interpretation of Ambiguous Conveyances
§4.1 Presumption Against Forfeitures and the Grantor ’s Intent
A. Fee Simple versus Defeasible Fee
Wood v. Board of County Commissioners of Fremont County (1988)
B. Fee Simple versus Life Estate
Edwards v. Bradley (1984)
§4.2 Waste
McIntyre v. Scarbrough (1996)
 §4.3 Charitable Trusts and the Cy Pres Doctrine
Evans v. Abney (1970)
§5 Regulatory Estates and Future Interests
§5.1 Rule Against Creation of New Estates (The Numerus Clausus Doctrine)
Johnson v. Whiton (1893)
§5.2 Rule Against Unreasonable Restraints on Alienation
§5.3 Rule Against Perpetuities
A. The Traditional Rule
B. Modern Approaches and the Rise of the Perpetuity
C. Other Statutory Limits on Future Interests
D. Commercial Future Interests: Options to Purchase and
Preemptive Rights
Symphony Space, Inc. v. Pergola Properties, Inc. (1996)
§5.4 Rule Against Unreasonable Restraints on Marriage
Estate of Guidotti (2001)

Chapter 11
Leaseholds
§1 Leasehold Estates
§1.1 Categories of Tenancies
§1.2 Commercial and Residential Tenancies
§1.3 Regulation of Landlord-Tenant Relationships
§1.4 Distinguishing Tenancies from Other Property Relationships
Vásquez v. Glassboro Service Association, Inc. (1980)
§2 Conflicts About Occupancy
§2.1 Initial Occupancy: Landlord’s Duty to Deliver Possession
§2.2 During the Leasehold
A. Landlord’s Right to Inspect and Repair
Uniform Residential Landlord and Tenant Act §3.103
B. Tenant’s Right to Receive Visitors and to Marry
C. Tenant’s Duties Not to Commit Waste or Cause a Nuisance, and
the Problem of Domestic Violence
D. Tenant Use Restrictions and Obligations
§2.3 Transfers of the Landlord’s Leasehold Interest
§2.4 Assigning and Subleasing
Kendall v. Ernest Pestana, Inc. (1985)
Slavin v. Rent Control Board of Brookline (1990)
§2.5 Tenant’s Right to Terminate Early
§2.6 The End of the Tenancy: Landlord’s Right to Recover Possession versus
Tenant’s Right to Remain
§3 Conflicts About Rent
§3.1 Landlord’s Remedies When Tenant Fails to Pay Rent
§3.2 Landlord’s Duty to Mitigate Damages
Sommer v. Kridel (1977)
§3.3 Security Deposits
§3.4 Rent Control
§4 Tenant’s Rights to Quiet Enjoyment and Habitable Premises
§4.1 The Covenant of Quiet Enjoyment and Constructive Eviction
Minjak Co. v. Randolph (1988)
3000 B.C. v. Bowman Properties Ltd. (2008)
§4.2 Warranty of Habitability
Javins v. First National Realty Corp. (1970)
§4.3 Retaliatory Eviction
Hillview Associates v. Bloomquist (1989)
Imperial Colliery Co. v. Fout (1988)
§4.4 Landlord’s Tort Liability to Tenants
§4.5 Minimum Standards Revisited

PART FIVE
THE LEGAL FRAMEWORK OF THE MARKET FOR REAL ESTATE

Chapter 12
Real Estate Transactions
§1 Real Estate Transactions: Structure and Roles
§1.1 Attorneys’ Transactional Roles
§1.2 Phases of the Transaction
A. Pre-Contracting and the Role of Brokers
B. Contracting: The Purchase and Sale Agreement
C. The Executory Period
D. Closing
E. Post-Closing
§2 Purchase and Sale Agreements: Form, Formalities, and Remedies
§2.1 The Terms of the Agreement
Offer to Purchase Real Estate
Standard Form Purchase and Sale Agreement
§2.2 Statute of Frauds versus Part Performance and Estoppel
Burns v. McCormick (1922)
Hickey v. Green (1982)
§2.3 What Constitutes a Breach of the Contract
A. Misrepresentation and Fraudulent Nondisclosure
 Johnson v. Davis (1985)
B. Seller ’s Failure to Provide Marketable Title
C. Seller ’s Breach of Warranty of Habitability for New Residential
Real Estate
D. Buyer ’s Failure to Make Good Faith Efforts to Obtain Financing
§2.4 Remedies for Breach of the Purchase and Sale Agreement
A. Buyer ’s Remedies
B. Seller ’s Remedies
§3 Deeds
§3.1 Essential Terms
Sample Deed
§3.2 Delivery
§3.3 Title Covenants
A. Warranties of Title
B. Remedies for Breach of Warranty of Title
§4 Real Estate Finance
§4.1 The Basic Structure of Real Estate Finance
§4.2 Mortgage Regulation and the Subprime Crisis
A. Regulating Mortgage Markets
B. Securitization and the Subprime Crisis
Commonwealth v. Fremont Investment & Loan (2008)
§4.3 Defaults and the Right to Foreclose
U.S. Bank National Association v. Ibanez (2011)
§4.4 Foreclosure Sales
Baskurt v. Beal (2004)
§4.5 Alternative Financing Arrangements
A. Installment Land Contracts
Sebastian v. Floyd (1979)
B. Equitable Mortgages
Koenig v. Van Reken (1979)
§5 The Recording System
§5.1 Recording Acts
A. Recording Act Fundamentals
B. How to Conduct a Title Search
C. Types of Recording Acts
D. Who Qualifies as a Bona Fide Purchaser?
§5.2 Chain of Title Problems
Sabo v. Horvath (1976)
§5.3 Equitable Subrogation
§5.4 Fraud and Forgery
 Brock v. Yale Mortgage Corporation (2010)
McCoy v. Love (1980)
§5.5 Marketable Title Acts and Other Ways to Clear Title
§5.6 Title Companies and the Recording System
§5.7 Title Registration

Chapter 13
Fair Housing Law
§1 Introduction to Fair Housing
§1.1 Sources of Fair Housing Law
§1.2 The Fair Housing Act
Fair Housing Act, 42 U.S.C. §§3601-3605, 3607, 3613, 3617, 3631
§1.3 Advertising and the Reach of the Fair Housing Act
Fair Housing Council of San Fernando Valley v. Roommate.com, LLC
(2012)
§2 Intentional Discrimination or Disparate Treatment
§2.1 Discrimination on the Basis of Race
Asbury v. Brougham (1989)
§2.2 Integration and Nondiscrimination
United States v. Starrett City Associates (1988)
§2.3 Sex Discrimination: Sexual Harassment
Quigley v. Winter (2010)
§2.4 Discrimination Based on Familial Status
Human Rights Commission v. LaBrie, Inc. (1995)
§2.5 Discrimination Based on Sexual Orientation
State ex rel. Sprague v. City of Madison (1996)
§2.6 Source of Income and Other Economic Discrimination
DiLiddo v. Oxford Street Realty, Inc. (2007)
§3 Disparate Impact or Discriminatory Effects Claims
§3.1 Racially Discriminatory Effects in Land Use Regulation
Huntington Branch, NAACP v. Town of Huntington (1988)
§3.2 HUD’s Discriminatory Effects Rule
§4 Discrimination Against Persons with Disabilities
§4.1 Reasonable Accommodations and Modifications
Janush v. Charities Housing Development Corp. (2000)
§4.2 Integration and the Example of Group Homes for Persons with
Disabilities
Familystyle of St. Paul, Inc. v. City of St. Paul (1991)
§5 Fair Lending
M & T Mortgage Corp. v. Foy (2008)
PART SIX
CONSTITUTIONAL PROTECTION FOR PROPERTY

Chapter 14
Equal Protection and Due Process
§1 Property as a Mediator Between Citizens and the State: Defining versus
Defending Property Rights
Miller v. Schoene (1928)
§2 Equal Protection
Village of Willowbrook v. Olech (2000)
§3 Due Process
§3.1 Procedural and Substantive Due Process
Bonner v. City of Brighton (2012)
§3.2 Property Regulations Burdening Fundamental Rights
Village of Belle Terre v. Boraas (1974)
Moore v. City of East Cleveland (1977)
§3.3 Forfeiture
Bennis v. Michigan (1996)

Chapter 15
Takings Law
§1 Eminent Domain
§1.1 The Eminent Domain Power and the Condemnation Process
§1.2 Public Use
Kelo v. City of New London (2005)
§1.3 Just Compensation
§1.4 Expropriation Without “Taking”
Tee-Hit-Ton Indians v. United States (1955)
§2 An Introduction to Regulatory Takings
§2.1 Historical Origins
Pennsylvania Coal Co. v. Mahon (1922)
§2.2 “Categorical” Regulatory Takings and the Ad Hoc Test
§2.3 Regulatory Takings and Due Process
§3 The Ad Hoc Test: Fairness and Justice
§3.1 The Foundation of the Ad Hoc Test
Penn Central Transportation Co. v. New York City (1978)
§3.2 Takings Statutes
§3.3 Justifying Regulatory Takings
§4 “Per Se” Takings
Another random document with
no related content on Scribd:
 Italy and the New Order

For many centuries Italy has been known as producing the opera
of the world. Of late years opera has not been considered the highest
form of musical art, so with the coming of the 20th century, a group
of composers has been working in Italy, trying to get away from the
old opera writing and to develop along the line of orchestral and
chamber music.
Alfredo Casella (1883) is perhaps responsible for this movement
for he lived in Paris for many years and came in contact with
Debussy’s music and the modern movement there. One of his earliest
works to attract attention in America was War Films, a series of
orchestral pictures that were very real. He has written piano pieces,
chamber music and orchestral works and one of his latest is a ballet,
in which it looks as though he were leaving his path of dissonance for
in this he has used folk song as a basis for a new and delightful
expression.
G. Francesco Malipiero (1882) has written two string quartets, one
of which received the Coolidge Prize of the Berkshire Chamber Music
Festival; in these he has broken away from the large sonata form. He
has also written lovely songs.
Ildebrando Pizzetti (1880) has written two operas on texts by
Gabrielle d’Annunzio called La Nave (The Ship) and Fedra. His most
recent work, Fra Ghirardo was performed at the Metropolitan in
1929.
Ottorino Respighi (1879) wrote operas in true Italian fashion, but
deserted them for chamber music and orchestral works. Pines of
Rome and Fountains of Rome, we hear often. His Violin Concerto in
Gregorian Mode was played by Albert Spalding. His latest opera, La
Campana Sommersa (The Sunken Bell) was given at the
Metropolitan in 1928.
All these men show the traces of the Italian love of melody, with
the influence of French impressionism, and German romanticism.
Two or three of these modern Italians now live in Paris, among
them Santoliquido and Vincenzo Davico, both song writers.
And now Noah’s Ark has been put to music by a young Italian,
Vittorio Rieti with wit and humor, in a work for orchestra, played in
May, 1925, at the Prague Festival.
 Manuel de Falla

In Spain, one man who has continued along the lines of Albeniz
and Granados is Manuel de Falla (1876). He studied first with Felipe
Pedrell, the father of the modern Spanish school. In 1907 he went to
Paris where he met Debussy and Dukas. He wrote a ballet El Amor
Brujo (Love, the Magician). He combines a picturesque Spanish folk
style with a modern way of writing music. One of his most attractive
works is a scenic arrangement from a chapter in Don Quixote,
Cervantes’ masterpiece, as Spanish as a Spanish fandango. It is a
marionette ballet called El Retablo de Maese Pedro (Master Pedro’s
Puppet Show). It is a charming work and you will like it. His writings
have simplicity, and freshness, which can come only from deep study
and so perfect a mastery of art that there is no self-consciousness. He
is a true nationalist delighting in Spanish color; his music has
nobility and humanness as well as charm.
 The Netherlands

Clarence G. Hamilton says in his Outlines of Music History that

Netherland composers are patriotically laboring for a distinctive
school. Few names are known outside of Holland, with the exception
of Alphonse Diepenbroek (1862–1921), Dirk Schaefer (1874), Sem
Dresden (1881), James Zwart (1892), Julius Roentgen (1855), who
has collected many of the Dutch folk songs, and Dopper, conductor
and composer for orchestra.
In Belgium, Jan Blockx (1851–1912) wrote successful operas and
chamber music; Paul Gilson (1865) has written orchestral and
chamber music works which have won him a foremost place among
modern Flemish composers; both César Franck and Guillaume
Lekeu were Flemish (Belgian); Joseph Jongen, while not writing in
the very modern style, is well known for his symphonic poems,
chamber music, a ballet S’Arka (produced at the Théâtre de la
Monnaie, Brussels), songs, piano pieces and organ works.
 Switzerland

Jaques Dalcroze (1865) is better known as the inventor of

Eurythmics, a system of music study from the standpoint of rhythm,
than as composer, but he has written many charming songs in folk
style. Gustave Doret (1866), has written several operas, cantatas,
oratorios which have been performed in his native land and in Paris.
Hans Huber (1852) has a long list of compositions in all forms.
Ernest Bloch, though born in Switzerland is living in America and is
by far the greatest innovator of these Swiss writers. Emile Blanchet,
is a writer of piano music, rather more poetic than of the very
modern style. Arthur Honegger, the foremost young composer of
France, though born in Havre, is often claimed as a Swiss composer,
because his parents are Swiss. Rudolph Ganz, pianist, composer and
conductor in America was born in Switzerland.
 England

When we come to Frederick Delius (1863) we meet first with a new

feeling in English music. He has written orchestral pieces (Brigg
Fair, concertos, On Hearing the First Cuckoo in Spring), chorals
(Appalachia, The Song of the High Hills and others), chamber music
and songs. He was the first Englishman to write in the
impressionistic way. His opera The Village Romeo and Juliet is very
modern in form, and the music interprets the story and is not built
like the Italian operas.
Delius is of Dutch-French-German stock, but was born in England,
and has lived there and in France. He never tried for music posts or
prizes but has remained apart to compose. Though his work often
sounds like the 18th century virginal music, he is not conscious of it.
He has, in his chorals, done some of the best work since
Beethoven, says one biographer, and in them are strength, power
and beauty, quite different indeed from the sensuous and sweet
smaller works. He is a careful worker, a great idealist, and a truly
great musician.
There are many well-trained musicians like Holbrooke and
Hurlstone who have done much for music in England but this
chapter belongs to those who are carrying on 20th century ideas.
Among them is Vaughan Williams (1872) to whom folk music is as
bread to others. He uses it whenever he can. In his London
Symphony, his most famous work, he has caught the spirit of the city
and it is a milestone of the early 20th century. Isn’t it curious that the
most important work written on the poetry of our American Walt
Whitman is by an Englishman! This is the Sea Symphony for
orchestra and chorus, an impressive work by Vaughan Williams. He
has also written Five Mystical Songs, Willow Wood (cantata), On
Wenlock Edge (six songs), Norfolk Rhapsodies, In the Fen Country.
Granville Bantock (1868) is a musical liberator for he was the first
to free English composers from the old style of Mendelssohn and the
new kind of classicism of Brahms, and release them to write as they
felt. He wrote music on the Rubaiyat of Omar Khayyam (Persian),
Sappho, Pierrot of the Minute, Fifine at the Fair, Hebredean
(Scotch) Symphony, which shows his love of Scotch music, and many
other works. He succeeded Elgar at Birmingham University and has
made valuable studies and collections of Folk Music.
A lover of chamber music, the fantasy and fancy, is Frank Bridge
(1879). He is a thorough musician and has written The Sea, the
Dance Rhapsodies for orchestra, symphonic poem Isabella on Keats’
poem of the same name. Three Idylls for Strings and other works.
Gustave Holst (1874) whose original name was von Holst although
he is not of German descent, was a pupil of Sir Charles V. Stanford
and is now an inspiring teacher and conductor. He has had many
posts and has written many important works: an opera, The Perfect
Fool, the Hymn to Jesus, one of the finest choral works of the
century, The Planets, a very fine orchestral work, military band
music, songs and part songs, some of which are written with violin
accompaniment,—a charming idea!
John Ireland (1879), has written a fine piano sonata and a violin
sonata, Decorations (a collection of small pieces), Chelsea Reach,
Ragamuffin and Soho Forenoons, chamber music and orchestral
pieces.
Cyril Scott (1879) was trained in Germany. He is a mixture of
French impressionistic writing and Oriental mysticism, as you can
see from the titles of his pieces: Lotus Land (Lotus is an Egyptian
flower), The Garden of Soul Sympathy, and Riki Tiki Tavi, a setting
of Kipling’s little chap of the Jungle Book, which is very delightful.
He is one of the first English Impressionists who paved the way for
the young English School. He has made many interesting
experiments in modern harmony and rhythm.
Arnold Bax (1883), of Irish parentage, is a gifted and poetic
composer who has written many things in small and large forms,
chamber music and piano sonatas, The Garden of Fand for
orchestra, Fatherland, a chorus with orchestra and other things, all
of which show him to have a creative imagination and rich musical
personality.
Lord Berners (1883) (Gerald Hugh Tyrwhitt-Wilson), a lover of the
works of Stravinsky and Casella of the modern Russian and Italian
Schools, was trained in an old-fashioned way, and then Stravinsky
and Casella, seeing in his music possibilities for freer writing,
encouraged him to break away from old ways, and he became one of
the most modern of the young English composers. He writes
interestingly in caricature and sarcasm, in fact he is a musical
cartoonist in such pieces as the Funeral March of a Pet Canary,
Funeral March of a Rich Aunt, full of originality and of fun in
choosing subjects. He wrote, too, three pieces, Hatred, Laughter and
A Sigh which are amazing musical studies. His work is interesting
because of its daring in his very correct surroundings.
Eugene Goossens (1893) of Flemish ancestry, understands
dissonance and modern combinations, which he uses with
fascinating charm. His violin sonata and Nature Pieces for piano
show his depth of feeling, his Kaleidescopes (12 children’s pieces)
show his humor, love of the grotesque, and Four Conceits, his power
to be musically sarcastic. His Five Impressions of a Holiday and
Two Sketches for String Quartet are so delightful that modern music
would have lost much without them. He is a gifted conductor and has
directed concerts in London, in Rochester, New York, and is engaged
as guest conductor of the New York Symphony in 1925–26.
Arthur Bliss (1891) like Stravinsky, whom he admires, is the enfant
terrible of English music and is not held down by any rule or fixed
standards except that of good taste. He uses instruments in daring
ways, and shows a natural knowledge of them. One of his pieces is
for an unaccompanied Cor Anglais (English horn). Among his pieces
are The Committee, In the Tube (Subway) at Oxford Circus, At the
Ball. He wrote a Color Symphony, so-called because when
composing it, he experienced a play of color sensation, although he
did not write it to be used with the color organ, as does Scriabin in
Prometheus. He is a most daring experimenter, and altogether an
interesting young musician. In Rout, a gay piece for voice and
chamber orchestra, he used meaningless syllables in place of words.
He spent several years in Los Angeles, but has returned to England.
 America

In America we not only hear the works of all the people of whom
we have spoken in this chapter, but among our composers are a few
who show marked twentieth century ways of composing. Some of
them are American born, some have adopted the country, but all are
working for the advancement of American music: Loeffler, our first
impressionist, Bloch, Carpenter, Gruenberg, Whithorne, Morris,
Jacobi, Marion Bauer, Eichheim, Carl Engel, Ornstein, Varese,
Salzedo, Ruggles, Cowell, Antheil, and Copland.
Several organizations have worked for the cause of modern music
by presenting concerts devoted to works by contemporary Europeans
and Americans. The Pro Musica Society has been responsible for the
visits to this country of Maurice Ravel, Bela Bartok, Darius Milhaud,
Alexandre Tansman and Arthur Honegger.
The League of Composers (founded 1923) has had many notable
“first performances” of compositions by Schoenberg, Bloch, Bartok,
Stravinsky, Gruenberg, Malipiero, Hindemith, Copland, de Falla,
Whithorne, Carrillo, etc.
 Our Good-Bye

This book has been longer than it should have been, yet our sins
have been of omission rather than commission. But if we have only
made you realize that the world cannot stand still, that music is
always growing whether we understand it or not, and the good is
handed on to the next generation even though much “falls by the
wayside,” we will not have written in vain.
 SOME OF THE BOOKS WE CONSULTED

Afro-American Folk Music, H. E. Krehbiel. (Schirmer, 1914.)

The History of American Music, Louis C. Elson. (Macmillan Co.)
Music in America, Dr. Frederick Louis Ritter. (Charles Scribner’s
Sons, 1890.)
My Musical Life, Walter Damrosch. (Charles Scribner’s Sons,
1923.)
Stephen Collins Foster, Harold Vincent Milligan. (G. Schirmer,
1920.)
Francis Hopkinson and James Lyon, Two Studies in Early
American Music, O. G. Sonneck. (Printed by the Author in
Washington, D. C., 1905.)
Early Concert-Life in America (1731–1800), O. G. Sonneck.
(Leipsic, Breitkopf & Haertel, 1907.)
Musicians of Today, Romain Rolland. (Henry Holt, 1917.)
La Musique Française d’aujourd’hui, Jean Aubry. (Perrin & Cie.)
The History of Pianoforte Music, Herbert Westerby. (E. P. Dutton
& Co.)
Gustav Mahler, Paul Stefan. (G. Schirmer.)
The Symphony Since Beethoven, Felix Weingartner. (Oliver Ditson
Co., 1904.)
Voyage Musical au Pays du Passé, Romain Rolland. (Librairie
Hachette & Sons, Ltd., 1909.)
Modern Composers of Europe, Arthur Elson. (Sir Isaac Pitman
Sons, Ltd., 1907.)
The Player-Piano Up-to-Date, William Braid White. (Edward
Lyman Bill.)
Outlines of Music History, Clarence G. Hamilton. (Oliver Ditson
Co.)
The Romantic Composers, Daniel Gregory Mason. (Macmillan Co.)
Contemporary Russian Composers, M. Montagu-Nathan.
(Frederick A. Stokes Co.)
The Story of Music, W. J. Henderson. (Longmans, Green & Co.,
1889.)
Histoire Generale de la Musique, François Joseph Fetis.
Primitive Music, R. Wallaschek.
Grove’s Dictionary of Music and Musicians. (Macmillan & Co.)
Music of the Most Ancient Nations, Carl Engel. (South Kensington
Museum Art Handbooks.)
American Primitive Music, Frederick R. Burton.
The Art of Music: A Narrative History of Music. (D. G. Mason,
Editor-in-Chief.)
Music: Its Laws and Evolution, Jules Combarieu. (Paul, Trench,
Trübner & Co., 1903.)
Histoire de la Musique, Felix Clement.
History of Music, Emil Naumann.
Marcotone, Edward Maryon.
Mythology: Age of Fable, Bulfinch.
History of Music, W. J. Baltzell. (Theo. Presser.)
History of Rome, Dionysius Cassius.
Metropolitan Museum of Art Handbook No. 13.
Catalogue of Musical Instruments of All Nations.
Familiar Talks on the History of Music, A. J. Gantvoort. (G.
Schirmer.)
Analysis of the Evolution of Musical Form, Margaret H. Glyn.
(Longmans & Co.)
La Musique Grégorienne, Dom Augustin Gatard.
The Music of the Bible, Sir John Stainer. (Novello & Co. H. W.
Gray.)
Critical and Historical Essays, Edward MacDowell. (A. P.
Schmidt.)
Histoire de la Musique, H. Lavoix fils. (Concienne Maison
Quantin.)
Early History of Singing, W. J. Henderson.
The History of British Music, Frederick J. Crowest.
Story of the Art of Music, F. J. Crowest. (Appleton’s.)
La Musique des Troubadours, Jean Beck. (Laurens.)
Story of Minstrelsy, Edmundstoune Duncan. (Scribner’s.)
Trouvères et Troubadours, Pierre Aubry. (Alcan.)
Lecture on Trouvères et Troubadours, Raymond Petit. (MS.)
Cours de Composition Musicale, Vincent d’Indy. (Durand et Cie.)
Encyclopédie de la Musique et Dictionaire du Conservatoire,
Albert Lavignac (fondateur). V Vols.
The Threshold of Music, William Wallace. (Macmillan Co.)
Palestrina, Michel Brenet. (Alcan.)
Monteverdi, Henry Prunières. (Alcan.)
Twelve Good Musicians, Frederick Bridge. (Kegan Paul, Trench,
Trübner & Co.)
Les Clavecinistes, André Pirro. (Laurens.)
Lully, Henry Prunières. (Laurens.)
The Earlier French Musicians (1632–1834), Mary Hargrave.
(Kegan Paul, Trench.)
A History of Music, Paul Landormy. (Translated, F. H. Martens.)
(Scribner’s).
Chippewa Music, Frances Densmore. (Smithsonian Institution
Bureau of American Ethnology.) (Bulletin 45.)
Teton Sioux Music, Frances Densmore. (Bureau of American
Ethnology.) (Bulletin 61.)
Alla Breve, Carl Engel. (G. Schirmer.)
Complete Book of the Great Musicians, Percy A. Scholes. (Oxford
University Press.)
Baker’s Biographical Dictionary of Musicians. (3rd. revised
Edition.) (G. Schirmer, 1919.)
Pianoforte and its Music, H. E. Krehbiel.
The Story of Music and Musicians, Lucy C. Lillie. (Harpers.)
Johann Sebastian Bach, Johann Nikolaus Forkel.
Irish Folk Music, Capt. Francis O’Neill. (1910, Regan Printing
House, Lyon & Healy, Chicago.)
Histoire et Theorie de la Musique de L’Antiquité, par Fr. Aug.
Gevaert, 1881.
Grand Opera Singers of Today, Henry C. Lahee. (The Page Co.,
Boston.)
Richard Strauss (Living Masters of Music), Ernest Newman.
(John Lane, The Bodley Head.)
Great Singers—Series 1, 2, George T. Ferris. (T. Appleton Co., N.
Y., 1893.)
Richard Strauss the Man and His Works, Henry T. Finck. (Little
Brown & Co.)
The History of the Art of Music, W. S. B. Mathews. (The Music
Magazine Pub. Co., Chicago, 1891.)
Haydn (The Great Musicians), Pauline D. Townsend. (Samson,
Marston & Rivington, 1884.)
Mozart (The Great Musicians), Dr. F. Gehring. (Scribners, 1883.)
The World of Music, Anna Comtesse de Bremont. (Brentano’s,
1892.)
Contemporary Musicians. Cecil Gray. (Oxford University Press,
1924.)
Music and Its Story, R. T. White. (Cambridge University Press,
1924.)
Evolution of the Art of Music, C. Hubert H. Parry. (Appleton,
1896.)
Modern Composers of Europe, Arthur Elson. (Sir Isaac Pitman &
Son Ltd., London, 1909.)
One Hundred Folk Songs of All Nations, Granville Banstock. (G.
Schirmer.)
Sixty Patriotic Songs of All Nations, Granville Banstock. (G.
Schirmer.)
The Life of Ludwig van Beethoven, Alexander Wheelock Thayer.
Translated by H. E. Krehbiel. (Beethoven Association, 1921.)
Complete Opera Book, Gustave Kobbé. (G. P. Putnam’s Sons,
1924.)
In the Garret, Carl Van Vechten. (Alfred Knopf, 1920.)
The Music and Musical Instruments of the Arab, Francisco
Salvador Daniel.
Songs of the Russian People, Kurt Schindler.
Appreciation of Music, Thomas Whitney Surette and Daniel
Gregory Mason.
My Favorite Folk Songs, Marcella Sembrich. (Oliver Ditson Co.)
One Hundred Folk Songs, Cecil Sharp. (Oliver Ditson Co.)
Sixty Russian Folk Songs, Kurt Schindler and Deems Taylor. (G.
Schirmer Co.)
Russian Folk Songs, M. Balakirev. (M. P. Belaieff, Leipsic.)
Old Irish Folk Music and Song, P. W. Joyce. (Longmans, Green
Co.)
Ancient Irish Music, P. W. Joyce. (Longmans, Green Co.)
English Melodies, Vincent Jackson. (J. M. Dent & Son L’t’d, 1910.)
Songs Every Child Should Know, Dolores M. Bacon. (Doubleday
Page, 1906.)
The Orchestra and Its Instruments, Esther Singleton. (The
Symphony Society of New York, 1917.)
Reminiscences of Morris Steinert, Jane Marlin. (G. P. Putnam’s
Sons, 1900.)
Edward MacDowell, Lawrence Gilman. (John Lane, 1906.)
The Study of Folk-Songs, Countess Martinengo-Cesaresco. (E. P.
Dutton & Co.)
A History of Music, Sir Charles Villiers Stanford-Cecil Forsyth.
(The Macmillan Co., 1924.)
The History of Music, Waldo Selden Pratt. (G. Schirmer, 1907.)
The New Encyclopedia of Music and Musicians, Waldo Selden
Pratt, Editor. (The Macmillan Co., 1924.)
Ancient Art and Ritual, Jane Harrison. (Henry Holt & Co., 1913.)
Der Auftakt (Czecho-Slovakian Magazine). (Festival No., May,
1925).
Musical Quarterly, O. G. Sonneck, Editor. (G. Schirmer, April,
1924.)
German Music of the Last Decade, by Hugo Leichtentritt. League
of Composer Review. (New York.)
Franco-American Musical Society Bulletin. Ely Jade, Editor, (N.
Y.)
Book of American Negro Spirituals. James Weldon Johnson.
(Viking Press, N. Y.)
Miniature Essays. (J. & W. Chester, Ltd.)
Program Notes of the Philharmonic Society of New York.
Lawrence Gilman.
La Revue Musicale. Henry Prunières, Editor. (Paris.)
The Sackbut, Ursula Greville, Editor. (London.)
Musical America. (New York.)
Musical Courier. (New York.)
Musical Leader.
Some Music Writers According to Forms of
Composition
Troubadours and Trouvères
 Troubadours

(12th Century)

Guillaume d’Aquitaine
Bernart de Ventardorn
Bertran de Born
Richard the Lion-Hearted (1169–99)
Peire Vidal
Le Moine de Montaudon (The Monk of)
Guiraut de Borneil (Maestre dels trobadors)
Gaucelm Faidit (Jongleur)

(12th and 13th Centuries)

Peire Cardinal

(13th Century)

Pierre Mauclerc (Duke of Bretagne)

Uc de Saint-Circ
Thibaut de Champagne (King of Navarre)
Jean Bretel
Adam de la Hale
Guillaume de Machaut