MUSIC (to accompany demsetz): The Beatles MAGICAL MYSTERY TOUR (1967) Lunch Today Meet on Brix @ 12:25 Dally * Kushner * Mayor Ponce * Stein * Vazquez 3:00 Today: OXYGEN Written Manning Briefs Due URANIUM Written Mullett Briefs Due Thurs 9/19 @ 9pm

FRIDAY Pop Culture Moment Cartoon Characters with Speech Impediments

FRIDAY Pop Culture Moment Cartoon Characters with Speech Impediments Tweety Bird (& Xmas Carols)

FRIDAY Pop Culture Moment Cartoon Characters with Speech Impediments Elmer Fudd & the Battle Hymn of the Republic

FRIDAY Pop Culture Moment Cartoon Characters with Speech Impediments

September Fog Calisthenics A Thousand Words Script for an Ordinary School Year One Month Into Law School: Three Things to Think About September Fog Calisthenics A Thousand Words

The Rhythm of the First Year Same at Every School Where I’ve Taught Same Every Year But Two Since 1988

The Rhythm of the First Year Three Typical Fall Semester Low Points: Mid-September Mid-October Mid-November

The Rhythm of the First Year: The Mid-September Crisis You Have Never in Your Life Worked So Hard for a Whole Month Without Feeling on Top of Things!!! Common to Start to Worry That …

The Rhythm of the First Year: The Mid-September Crisis I’m the Stupidest Person Here & They Let Me In By Mistake

The Rhythm of the First Year: The Mid-September Crisis KEEP IN MIND: We’ve Already Discussed: You’re Learning New Language by Immersion

The Rhythm of the First Year: The Mid-September Crisis KEEP IN MIND: We’ve Already Discussed: You’re Learning New Language by Immersion Perception of “Hard” v. “Easy” Questions (Different Backgrounds; Different Speeds on Different Skills)

The Rhythm of the First Year: The Mid-September Crisis KEEP IN MIND: Learning New Language by Immersion Perception of “Hard” v. “Easy” Questions Nature of Socratic Method: Profs Control Discussion & Decide What’s “Relevant”

The Rhythm of the First Year: The Mid-September Crisis KEEP IN MIND: Second Year Students (No Secret 1L Graveyard)

The Rhythm of the First Year: The Mid-September Crisis So Let Yourself Believe the September Fog is Normal and Nearly Universal

The Rhythm of the First Year: The Mid-September Crisis Almost All of You Will be Worried About Something Else A Month from Now!

The Rhythm of the First Year The Mid-September Crisis Uranium Radium Oxygen Krypton

One Month In: Three Things to Think About September Fog Calisthenics A Thousand Words

The Rhythm of the First Year & Elements Common Mid-September Concern: This class is fun and all, but does any of this really matter?

The Rhythm of the First Year Same at Every School Where I’ve Taught Same Every Year But Two Fall 2017 with the 2 weeks lost in mid-September to Irma &

FALL 2001

Pierson v. Al-Qaeda???? FALL 2001

The Rhythm of the First Year & Elements Analogy to Calisthenics

The Rhythm of the First Year & Elements Analogy to Calisthenics Apply Language of Case to New Facts Compare Facts of Case to New Facts Apply Policy Concerns to New Facts Identify Key Similarities & Differences

The Rhythm of the First Year: The Mid-September Crisis KEEP IN MIND: Analogy to Calisthenics: You Are Starting to Use New Muscles, So You’ll Be a Little Sore

One Month In: Three Things to Think About September Fog Calisthenics A Thousand Words

The Rhythm of the First Year Staying Motivated

The Rhythm of the First Year Staying Motivated Fall 2014: Ray Rice, the Elevator Videotape & the Failure of Words

The Rhythm of the First Year Staying Motivated Storytelling Will Be Your Responsibility

The Rhythm of the First Year Staying Motivated Storytelling Will Be Your Responsibility Development Project

The Rhythm of the First Year Staying Motivated Storytelling Will Be Your Responsibility Development Project Parental Rights

The Rhythm of the First Year Staying Motivated Storytelling Will Be Your Responsibility Development Project Parental Rights Environmental Partnership

The Rhythm of the First Year Staying Motivated Storytelling Will Be Your Responsibility Development Project Parental Rights Environmental Partnership Less Visible Assault

The Rhythm of the First Year Staying Motivated Storytelling Will Be Your Responsibility Development Project Parental Rights Environmental Partnership Less Visible Partner Assault Remember the Client Who is Waiting for You!!

Back to Work!!

WEASEL ASSIGNMENT Due Thursday October 3 @ 9pm

Weasel Assignment Standard Exam Task: Apply Authorities Studied to New Hypothetical or “Fact Pattern” HERE: Structured Sequence of Arguments Three sets of specific arguments for each party Each Team Submits Two Sets + a Tie-Breaker Argument Helpful to Do Unassigned Set of Arguments Yourself Not everything you could say about the hypo But together, good basis for an exam answer

Weasel Assignment Two Important Skills to Practice Isolation: Focusing on One Narrow Topic at a Time Dialogue: Finding Best Arguments for Each Party

ISOLATION: Focusing on One Narrow Topic at a Time Common Idea in Many Contexts Exercise or Massage Muscle Groups Football Film/Replays Individual Players Cooking Specific Ingredients

Weasel Assignment Two Important Skills to Practice ISOLATION: Focus on One Narrow Topic at a Time Read Instructions Carefully & Confine Each Argument to its Stated Topic: (#1/#2) Specific Language from Shaw -OR- (#3/#4) Facts of Shaw - OR - (#5/#6) Labor Policy How Literal? Very!! (Cf. Reality TV Challenges)

Weasel Assignment Two Important Skills to Practice ISOLATION: Focus on One Narrow Topic at a Time Confine Each Argument to Stated Topic (Very Literal!) Doing more than you’re asked earns penalties not extra credit (lot of this in prior years) Cf. Responding to Judges in Oral Argument Cf. Coverage in Associate Assignments at Law Firm   Cf. Limited Scope Short Exam Q

Weasel Assignment Two Important Skills to Practice DIALOGUE: Finding Best Arguments for Each Party Built into Structure of This Assignment Until Highest Court in State Decides Open Q No “Right” Answer Just Best Available Arguments Good Exam Answers Reflect This & Often Sound Like Schizophrenic Monologues

DIALOGUE: Finding Best Arguments for Each Party Legal Smeagols

Weasel Assignment Some Final Points Suggested Structures: Use Unless Clear Reason to Change Tie-Breaker Qs: Challenge is to Simultaneously: Address Strengths & Weaknesses of Prior Arguments Make New Points (Don’t Just Repeat & Announce Winner) Show Split if Team Disagrees Appropriate Length: Depends on Substance of Each Argument No Particular Lengths Suggested or Anticipated Proofread; Edit; Be Concise BUT Include All Steps Necessary to Logic of the Argument

Weasel Assignment Some Final Points Working Together (v. Collage of Individual Work) Take Advantage of Multiple Perspectives Be Cooperative (Different LComm Schedules; Rosh Hashanah; Uranium & Krypton Briefs; Contracts Midterms) Keep Each Other on Track Re Both Time & Substance (e.g., Isolation) Diplomacy as Lawyering Skill Look at Entire Submission to Avoid Repetition/Overlap

Weasel Assignment Questions I’ll Take Qs in Class Today & Thursday 9/19 Thursday 9/26 I’ll Take Qs By E-Mail or in Person until 3:30 pm on Wed 10/2 QUESTIONS?

DF Scheduling & Wolverines Adding Monday 10-10:50 in Room E 352 Next Several Sessions: Wolverine Problem

McKinley v. Ford The Case of the Wounded Wolverine

DF Scheduling & Wolverines: 1st Possession Issue Mon 9/16 & Wed 9/18 (Brendan)  Arguments re Mortal Wounding & Pursuit  Arguments re "Reasonable Precautions to Prevent Escape" Thu 9/19 & Mon 9/23 (Lauren)  Arguments re [Substantial Permananent] Deprivation of Natural Liberty Arguments re Application of Policy of Rewarding Useful Labor

Shaw  Demsetz: Intro to Externalities RADIUM: DQ 1.29 & DQ1.31

STATE v. SHAW DQ1.29(a): RADIUM Assume net-owners have no enforceable rights in fish caught in their nets until they physically remove the fish from the nets. Thomas chooses to take fish from the owners’ nets. Who might be affected by this decision? Which of these effects is Thomas likely to take into account when deciding whether to take the fish?

EXTERNALITIES Costs or benefits external to a decision-making process Must be with reference to particular decision or activity. Helpful to start by identifying decision-maker

EXTERNALITIES Costs or benefits external to a decision-making process Must be with reference to particular decision/activity Helpful to start by identifying decision-maker If decision-maker considers a cost, but chooses to absorb it, not an externality E.g., Thomas considers own exertion necessary to take from nets, but may decide to take anyway

Some Likely Externalities STATE v. SHAW DQ1.29(a): T Likely to Consider Some Likely Externalities Own Exertions/Cost of Equipment, etc. Benefits to Dependents Benefits to Likely Purchasers Threats of Self-Help by Net-Owners (if any) Costs to Net-Owners, Their Dependents, Their Purchasers Costs to Net Manufacturers Effect on Ecosystem (note might be benefits if “theft” discourages use of big nets) Benefits to Suppliers of Substitutes

EXTERNALITIES Examples from outside this problem? Costs or benefits external to a decision-making process With reference to particular decision or activity Helpful to start by identifying decision-maker Examples from outside this problem? Me not trimming my tree Other examples? RADIUMs Volunteers I’ll Post Some Links to More Examples

Questions on DQ1.29(a) or Externalities? STATE v. SHAW DQ1.29(a) & 1.31 Questions on DQ1.29(a) or Externalities?

Assume One-on-One Negotiation. STATE v. SHAW DQ1.29(b) What obstacles stand in the way of the parties entering contract where T promises not to take fish from nets? Assume cost to net-owner is $500/wk & benefit to Thomas is $300/wk. Assume One-on-One Negotiation.

STATE v. SHAW DQ1.29(b) Costs of One-on-One Negotiation Include: Investigation Costs (e.g., find relevant parties; determine relevant costs/values; legal research) Bargaining Costs (e.g., time, representation) Strategic Behavior (negotiating postures) Enforcement Costs

STATE v. SHAW DQ1.29(b) What obstacles stand in the way of the parties entering contract where T promises not to take fish from nets? Assume cost to net-owner is $500/wk & benefit to Thomas is $300/wk. Additional Obstacles if Multi-Party Negotiation (multiple net-owners; multiple fish-takers)?

Additional Costs of Multi-Party Negotiation: STATE v. SHAW DQ1.29(b) Additional Costs of Multi-Party Negotiation: Free-Riding Holdouts Organization/Management Costs Compare Agreement on Restaurant & Movie: Two People? Four People? Your Parents, Your Siblings, Everyone’s Spouses & Kids??

Collectively: “Transaction Costs” STATE v. SHAW DQ1.29(b) Collectively: “Transaction Costs” Investigation Costs Bargaining Costs Strategic Behavior Enforcement Costs Free-Riding Holdouts Organization/Management Costs

Transaction Costs Costs of Reaching Agreements Can Prevent Parties from Reaching Bargains that are “Efficient” (i.e., Would Make Everyone Better Off)

Questions on DQ1.29(b) or Transaction Costs? STATE v. SHAW DQ1.29(b) Questions on DQ1.29(b) or Transaction Costs?

INTERNALIZING EXTERNALITIES Changing Rules, Laws or Circumstances to Force Decision-Maker to Take External Costs or Benefits Into Account Generally Imposed from Outside; Not Done by Decision-Maker (Contrast “Internalizing” in Psychology)

INTERNALIZING EXTERNALITIES Changing Rules, Laws or Circumstances to Force Decision-Maker to Take External Costs or Benefits Into Account. Generally Imposed from Outside. Beneficial Because Means Price of Activities Will Better Reflect Real Costs & Benefits Pollution Costs  Damages & Regulation Charitable Services  Subsidies/Gov’t Operation