Agenda for 22rd Class Administrative Stuff Handouts Slides 2015 exam Review Class Th 12/8. 10AM-12PM. Rm 1 No other classes, except Review Class No TA office hours after this week Prof. Klerman office hours for rest of semester M 11/21 3:15-5:45PM (today) M 11/28. 2-3PM (regular class time), 3-5PM Th 12/8. noon-5PM (after review class) Assignment for Review Class No writing assignment (mandatory or optional). TAs need to study Prepare Questions you want to ask me Review of Rules & Standards DDDA , 9

Study Tools Portal: My Applications (left panel): Secure Documents Model answers to all writing assignments Portal: My Applications (left panel): Recorded Classes Recordings for all classes www.klerman.com, LL&V button Slides for all classes Exams and exercises not assigned Los Paisanos & To Have Once Been a Beetle 2009 exam Exam, memo and model answers on Secure Documents Portal In Matter of David and Blanche Flower Exercise #4 in LLV materials Model answer on Secure Documents Portal Not clear whether was an exam or always just an in-class exercise

Exam In class Friday, 12/9, 9-11AM (won’t need 2 hours) Multiple choice Open book, can use calculator, dictionary MC Challenges At your discretion you may (in ExamSoft or on paper), make a written appeal with respect to any two of the questions that you feel are ambiguous or unfair. If you make more than two written appeals, I will ignore all but the first two. If you make a challenge to a question, be sure to state in your challenge which answer you marked on the computer sheet, which other answers you think are plausible, and why. Take home Essay or essays Friday, 12/9, 1-9PM Integrity You must do the exam alone You cannot share or discuss exam questions with those who take exam later Cheating has not been a problem at USC Law If you cheat or help others to cheat, you can be expelled.

Exam Advice Read question carefully Outline answer before starting to write, so well structured Pay attention to genre Memo to partner different is different from appellate opinion Include one or two-paragraph executive summary at the beginning Summarize key conclusions and reasons for those conclusions NOT just road map Use headings to separate issues Consider putting most important issues first Make sure you justify your conclusions with reference to facts in the question Take a break after completing your first draft Go over one page outline/list of topics & issues to make sure you didn’t miss issues Re-read the question and go over one-page outline again Proofread and revise Take a break Reread question again, go over one-page outline again, revise again, proofread

Review of Rules & Standards Easier to apply, predict, and for judge to grant SJ Cheaper to litigate Harder to draft Easier to evade Mismatch between rule and underlying policies Standards Harder to apply, predict, grant SJ More expensive to litigate Easier to draft Harder to evade Tighter fit between standard and underlying policies Rules & standards are continuum Rules can be pro-plaintiff or pro-defendant Ditto for standards Realists tended to prefer standards But some backlash

Drug Discovery & Distribution Act

Summing Up Goal is to provide tools that can use in all classes 2 main themes – Interpretation & normative analysis Interpretation How to interpret statutes Will be especially useful in BusOrg, Tax, Administrative Law, and other How to interpret cases & how common law evolves Useful in all classes Normative reasoning Economic analysis Cost-benefit analysis, externalities, Coase Theorem, Information Should be useful in all classes, especially Property Rights and Fairness Should be useful in all classes Integrating interpretation & normative analysis Legal Theory Dworkin, Realism, Rules & Standards Useful in many classes, e.g. understanding Civ Pro – Erie, Intl Shoe