MUSIC : THE MAMAS & THE PAPAS 16 of Their Greatest Hits ( ) §D Lunch Mon Sep 15 Meet on 11:55am Coleman * DuBois Iglesias Miller-Taylor * Pinkert Rapp * Suarez, La. KAYE TUESDAY DF SESSIONS RESCHEDULED TO THURSDAYS 1:00-1:50 pm ROOM F108

RING STORY (10/78-1/84)

Introduction to Escape Generally: Difficult for an Owner to Lose Property Rights Accidentally Return of the Ring We Don’t Presume Abandonment from Carelessness (Laptops in Library) Hard to Achieve Adverse Possession (Generally Must Completely Ignore & Avoid Parcel for 7+ Years)

Introduction to Escape Unit IB: When Does Owner of Escaped Animal Lose Property Rights? – Why Different from Ring? – What Facts are Relevant?

Introduction to Escape : Recurring Terminology Original Owner (OO) (can’t just say “owner” b/c unclear who owns animal after escape) Finder (F) Does OO lose or retain property rights in the escaped animal? (v. Unit IA: Did pursuer acquire property rights to animal)

Introduction to Escape : DQ 1.41: RADIUM Why should an OO ever lose property rights in an escaped wild animal? Why might we treat an escaped animal differently from a ring? Let’s Get Some Ideas on the Table

Introduction to Escape : DQ 1.41: RADIUM Can you think of a circumstance where it would be unfair to return an escaped animal to original owner? Focus on right & wrong here & not legal doctrine.

Introduction to Escape : DQ 1.42: RADIUM Arguments from Prior Authority re Ownership of Escaped Animals From Language in Cases? – Although clearly nothing directly targeting – Until something on point, look where you can

Introduction to Escape : DQ 1.42 Sample Arguments from Language in Prior Case re Ownership of Escaped Animals Pierson: Mortal wounding by one not abandoning pursuit  Property (suggests property rights can be lost at some point by not following up/pursuing) Pierson/Liesner: Depriving animal of natural liberty  Property (suggests property rights can be lost if animal returns to natural liberty). Shaw: Once animals are confined, need to maintain reasonable precautions against escape (suggests that if you take reasonable precautions, might retain ownership even if animal escapes).

Introduction to Escape : DQ 1.42: RADIUM Arguments from Prior Authority re Ownership of Escaped Animals From Policies We’ve Discussed? – Rewarding Useful Labor/Investment?

Introduction to Escape : DQ 1.42: RADIUM Rewarding Useful Labor/Investment? Labor of OO? – Acquisition: Investment in purchase or capture – While Owned: In confining, maintaining, training – After Escape: In pursuit Labor of F? – In capturing – In confining, maintaining, training

Introduction to Escape : DQ 1.42: RADIUM Arguments from Prior Authority re Ownership of Escaped Animals From Policies We’ve Discussed? – Providing Certainty?

Introduction to Escape : DQ 1.42: RADIUM Providing Certainty? Certainty to OO? – No “Perfect Cage Rule”: Don’t have to take ridiculous steps to keep from escaping? – Aware of What is Necessary to Retain O-Ship? Certainty to Decision-Maker: Rule is Easy to Apply? Certainty to Finder? (we’ll come back to)

Introduction to Escape : DQ 1.42: RADIUM Going Forward We’ll Look at What Our Four Escape Cases Really Seem to Care About (as Opposed to These Hypothetical Lists)

Introduction to Escape : Mullett & Manning All Three First Possession Cases (Pierson- Liesner-Shaw) Ask Similar Legal Qs The First Two Escape Cases Use Very Different Approaches: – Mullett: Applies English Common Law Rule to Escaped Sea Lion – Manning: Fact-Specific Result Not Using English Common Law Rule for Escaped Canary

LOGISTICS: CLASS #12 OXYGEN: Mullett Brief Due Sun 4pm Probably helpful to read Manning as well Manning & Mullett Self-Quizzes Posted KRYPTON: Albers Brief Due Sun 9pm Note on Early Submissions (Class Discussion/Quizzes) Questions on Briefing Assignments? ALL: Assignment #1 Due Sun 2pm I’ll take Qs through end of class next Friday Questions on Assignment #1?

End of Week Four: Three Things to Think About 1. September Fog 2. Calisthenics 3. A Thousand Words

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

The Rhythm of the First Year Three Typical Fall Semester Low Points: 1.Mid-September 2.Mid-October 3.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

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 in Mid-October!

The Rhythm of the First Year The Mid-September Crisis U ranium R adium O xygen K rypton

End of Week Four: Three Things to Think About 1. September Fog 2. Calisthenics 3. A Thousand Words

The Rhythm of the First Year & Elements Common Fourth Week 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 One

FALL 2001

Pierson v. Al-Qaeda????

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

End of Week Four: Three Things to Think About 1. September Fog 2. Calisthenics 3. A Thousand Words

The Rhythm of the First Year Staying Motivated

The Rhythm of the First Year Staying Motivated 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 Assault Remember the Client Who is Waiting for You

Back to Work!!

STATE v. SHAW DQ1.29(a): Krypton Thomas Likely to Consider Own Exertions/Cost of Equipment, etc. Benefits to Dependents Benefits to Likely Purchasers Likely Externalities 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)

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, may decide to take anyway

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 Examples from outside this problem?

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

STATE v. SHAW DQ1.29(b) Krypton Assume Net-Owners have no enforceable property rights in fish caught in their nets: If the fish are worth more to the net-owners than to Thomas, presumably there is some amount of money they could contract to pay him to leave the fish alone that would leave all parties better off than before the contract.

STATE v. SHAW DQ1.29(b): Krypton 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): Krypton 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): Krypton 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)?

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

STATE v. SHAW DQ1.29(b): Krypton 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)

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