HOW LAW IS MADE CLASS 1

Administrative Give quiz

Review Organization of the Law Exercise – How can rules be set up to encourage commerce (i.e. to encourage contracting)

Today Judicial Lawmaking Sources of Impetus for Law Exercise

I. Judicial Lawmaking Three different forms Lawmaking by Precedents Interpretation of Statutes Interpretation of Constitutions How does each of these work? How is the first different from the second and third? At what point do they merge?

I. Judicial Law Making Is the law clear? When is law clear and when isn’t it? Why is the law not always clear?

I. Judicial Lawmaking Statutes Constitution What can courts do when unsure of what the law means? What can courts do when they disagree with the law or think it isn’t workable? Constitution What can courts do when unsure of what the constitution means? What can courts do when they disagree with the constitution or think it isn’t workable

II. Sources of Impetus for Law Detached Scholarly Diagnosis A voice from the wilderness Protest Activity Social Movements Public-Interest Groups The Mass Media

III. Exercise Divide into groups Each group to identify four current issues that are hot legislative items at the federal, state or local levels (the four-item list must include one at each level) Indicate what the sources of impetus for change of each are and how they have worked to create a demand for legal change

Next Time For next class read Autor, Donohue, and Schwab, "The Cost of Wrongful-Discharge Laws," Won’t be an easy read, set some time aside and make sure you read it Don’t worry about “instrumental variables” Don’t worry about the various kinds of “dummy variables” they mention

How Law is Made Class 2

Administrative Return quizzes at end of class Further discussion of case presentations

Review Judicial Law Making Sources of Impetus for new laws Setting Precedents Interpreting Statutes Interpreting the Constitution Sources of Impetus for new laws Detached Scholarly Diagnosis A voice from the wilderness Protest Activity Social Movements Public-Interest Groups The Mass Media

Today Terminology Discussion of Wrongful Discharge Law Exercise

I. Terminology “Robust” results? What should we conclude when results are not “robust”?

II. Discussion of Wrongful Discharge Laws What are the three types of exceptions to the “employment at will” doctrine that have become widespread in the United States? Good faith/fair dealing exception Public Policy exception Implied contract exception Examples of the kind of situation that might give rise to each

II. Discussion of Wrongful Discharge Laws Do they have costs? What are the costs and why do they exist? What do the authors say is likely to be the impact on the labor market? Wages and employment? What do they actually find? Are there any benefits of such laws?

III. Exercise Divide into groups Write a statute protecting workers from “unjust” treatment at work Specify what kinds of treatment you will prohibit How will the law be enforced? What, if any sanctions? How will employees be compensated for mistreatment

How Law is Made? Class 3

Administrative Any questions about where we are or what we are doing?

Review Role of the judiciary in the creation of law Sources of impetus for legal change Wrongful discharge laws can have costs Those costs decrease as employers learn how to operate within the system

Today The Problem The Exercise

I. The Problem Product Liability What do you do when you are seriously injured by a product that you believe has not performed properly? Who is responsible? When is the manufacturer liable? When is the dealer liable? When are they not?

I. The Problem If the manufacturer is liable, for how much are they liable? Why? How do manufacturers deal with such law suits? Why? What is the impact on business? What is the impact on consumers? What can the courts do to improve this system?

II. The Exercise Divide into groups The goal is to devise a product liability law Who is responsible? How will the system be administered? What role if any will courts play and why? What will be the impact on businesses and consumers?

Next Time Begin unit on Law and Social Control Discussion of “Victimless Crimes”