1. ELEMENTS B1 & B2 POWER POINT SLIDES
Class #29 Wednesday, November 2, 2016 Thursday, November 3, 2016

2. RADIUM (for Mermiges I.F.)
Music to Accompany the Bill of Rights Greatest Hits of 1790 Philharmonia Virtuosi of New York Conductor: Richard Kapp (1980) featuring Chick Corea, Piano TODAY: WE START w REV PROB 2F
URANIUM (for Phormycans)
B1: Zilber, Massagli, Rafaeli, Wasserman (Alt: Goldschmidt)
B2: Ricobaldi, Sholes, McLemore, C.Berman (Alt: Saldana)
RADIUM (for Mermiges I.F.)
B1: W.Pereira, Sainte, Pringle (Alt: Cheney)
B2: Levine, D’Bazo, Brody (Alt: Shevlin)

3. LOGISTICS CLASS #28: On Course Page:
Unit One Summary Exercises (Ask Qs if Anything is Unclear)
Midterm Grading Form
GWA#2: Comments & Best Answers from Prior Years
Unit Two Briefs:
Write-Up of Bad Ghen Brief (DQ2.19)
Sample Hammonds Brief
Sample White Brief

4. LOGISTICS CLASS #28: On Course Page:
Complete Bank of Old XQ1 & XQ2
Fact Patterns/Questions
Comments/Best Student Answers for Both XQ1 and XQ2
1997, 2007, 2012: I’ll Post Comments Best/Student Answers as we complete relevant review problems in class and in DF

5. LOGISTICS CLASS #28: Review Problems/Exam Qs
Best Way to Prepare for Exams is to Do Old Exam Qs
Start by Working Through Some Untimed (Alone or in Groups)
Build Up to Doing Timed Under Exam Conditions
Compare to Posted Comments/Models and Bring Qs to Me
Review Problems:
Opportunity to Work Through Old Qs & Get Immediate Feedback (Class Discussion, then Posted Answers)
Worth Spending Time on As We Do in Class (Even Though You’re Very Busy) to Get Used to My Qs
We Will Do More for Unit III/XQ3 During Last Few Classes

6. FACT PATTERN O (2012): Human Gestures/Celebrities
Review Probs. 2B & 2C: Exam Q1 (Custom) (LastWeek)
Comments & Models Posted
Review Problem 2G: Exam Q1 (Escape) (Friday):
Oxygen (for L-Bow) v. Krypton (against L-Bow)
Assume No Binding Custom or Other Relevant Law, PLUS
Gesture has “Escaped” if Someone Else Can Do It
If OO Retains Property, F Needs OO’s Permission in Commercial Setting
We’ll Focus on Two Factors:
Marking/Finder’s Knowledge
Protecting OO’s Labor/Investment
Look for Ways Analysis Might Differ: BB v. CA/KG
I’ll Post Comments/Best Answers after Class

7. FACT PATTERN O (2012): Human Gestures/Celebrities
Rev Prob. 2J: Exam Q2 (Escape) (Next Wed/Thu)
Assume Property Rights in Gestures …
Only if Very Strong Association with Particular Celebrity
Only Enforceable in Commercial Settings
Oxygen
Arguments from Similarities/Differences
Pros & Cons of Alt #1: No Property Rights in Gestures at All
Krypton
Arguments re Usefulness of Factors (Other Than Marking/FK & Labor/Investment)
Pros & Cons of Alt #2: If Strong Association, Celebrity has Complete Commercial Rights While Alive)

8. FACT PATTERN L (2007): Ownership of Uninhabited Island
Review Prob. 2F: Exam Q1 (1st Possession) (Today)
I’ll Post Comments & Models after Class Thursday to Help w 2I
Review Problem 2A: Exam Q1 (Custom):
DF Sessions Thu 11/3 & Mon 11/7
Review Problem 2I: Exam Q2 (1st Possession) (Mon/Tue)
Uranium
Arguments from Similarities/Differences
Pros & Cons of Alt #1: 1st to Take Resources Gets Whole Island
Radium
Arguments re Usefulness of Factors
Pros & Cons of Alt #2: Party Gets as Much of Island as They are 1st to Use (Can Split)

9. FACT PATTERN L (2007): Ownership of Uninhabited Island
A.D.: Tulyans begin to travel to Arynisha Island 2-3x/yr to fish & gather fruit
By 1400 A.D.: Ts build stone huts on South end
Stay in huts when on A (through 20th Century)
Carved religious symbols on some huts
Rooves of fronds & clay replaced if necessary

10. FACT PATTERN L: Ownership of Uninhabited Island
Pre1200  Present: Ts travel to Island 2-3x/yr to fish & gather fruit
1400  Present: Ts build/stay in stone huts on South end; religious symbols; regularly replace rooves
1855: Phormycans build lighthouse on north tip
Staffed by two people from P; supplies sent from P
P Staffers also gather some fish/fruit from Island
1925: T becomes part of new nation (MIF)
1935: Per Int’l Custom, P publicly claimed island; put on official maps. Nobody objected.

11. FACT PATTERN L: Ownership of Uninhabited Island
Pre1200  Present: Ts travel to Island 2-3x/yr to fish & gather fruit
1400  Present: Ts build/stay in stone huts on South end; religious symbols; regularly replace rooves
Late 20th C: Ts add Plexiglass Rooves & Astroturf floors
1855: Ps build/staff lighthouse on north tip; gather some fish/fruit
1925: T becomes part of new nation (MIF)
1935: P publicly claimed island; Nobody objected.
2006: MIF Surveys Island; Finds Oil; Ps & MIF Claim

12. White v. N.Y. Gas Co.
CLOSING UP WHITE:
OXYGEN DQ2.32

13. White v. N.Y. Gas Co. DQ2.32 (Oxygen)
B2: From Last Time
Under the reasoning of White, will surface owners (Os) have a trespass action against those who reinsert gas (Gs)?

14. White v. N.Y. Gas Co. DQ2.32 (Oxygen)
B2: From Last Time
Under the reasoning of White, will surface owners (Os) have a trespass action against those who reinsert gas (Gs)?
They should; gas remains property of Gs.
Penn giving Gs Eminent Domain power to purchase rights from Os suggests state thinks Gs should have to pay Os.

15. White v. N.Y. Gas Co.: DQ2.32 (OXYGEN)
Under the reasoning of White, Os have trespass action against Gs who don’t purchase rights to use pool.
White & Hammonds can’t be reconciled on this point. After White, Pennsylvania has different rule than Kentucky.
Qs on White?

16. REINSERTING GAS & ESCAPING ANIMALS CASES : Argument By Analogy
DQ2.33: Arguments from Factual Similarities & Differences (OXYGEN)
DQ2.34: Arguments re Usefulness of Legal Rules/Factors (KRYPTON)
Arguments re Comparisons to Alternatives (Ill Explain Choices Today; We’ll Do Pros & Cons on Friday)
DQ2.35: Oklahoma Statute (KRYPTON)
DQ2.36; Airspace Solution (KRYPTON)
DQ2.37: Overall (ALL)

17. REINSERTING GAS & ESCAPING ANIMALS CASES : Argument By Analogy
Keep in Mind: Gas Companies (G) Reinserting Gas Produces Two Kinds of Disputes:
Hammonds: G v. Owners of Lots Containing Part of Reinsertion Pool
Who owns gas?
If G owns gas, does G have to pay for right to use pool?
If G doesn’t own, can other Owners extract reinserted gas?
White: G v. Owners of Adjoining Pools: If reinserted gas leaks into reservoir not owned/controlled by G, does G lose property rights to gas?

18. REINSERTING GAS & ESCAPING ANIMALS CASES : Argument By Analogy
Gas Companies (G) Reinserting Gas Produces Two Kinds of Disputes:
Hammonds: G v. Owners of Lots Containing Part of Reinsertion Pool
White: Leaks (G v. Owners of Adjoining Pools)
You could address the two kinds of disputes separately where you thought they raised different issues. E.g., might argue ACs better for leaks than for Hammonds.

19. REINSERTING GAS & ESCAPING ANIMALS CASES : Argument By Analogy
DQ2.33 (OXYGEN): Factual Comparisons Between Escaping Animals Situations & “Escaping” Gas Situations
Arguments from Factual Similarities re Usefulness of Escaping Animals Cases

20. REINSERTING GAS & ESCAPING ANIMALS CASES : Argument By Analogy
DQ2.33 (Oxygen): Factual Comparisons
Relevant Factual Similarities Include:
In both, property moving from complete control to place where ownership is less certain.
White leak like escaping animal b/c escaping confinement w/o OO’s intent despite labor to control
Valuable property/industry
Both can hold identifying mark (although marking of gas probably only discernable to expert )

21. REINSERTING GAS & ESCAPING ANIMALS CASES : Argument By Analogy
DQ2.33 (Oxygen): Factual Comparisons Between Escaping Animals Situations & “Escaping” Gas Situations
Arguments from Factual Differences re Usefulness of Escaping Animals Cases

22. REINSERTING GAS & ESCAPING ANIMALS CASES : Argument By Analogy
DQ2.33 (Oxygen): Factual Comparisons
Relevant Factual Differences Include:
Natural Gas Lasts Much Longer Than Animal or Whale Carcass
Natural Gas Generally More Valuable Than Animal or even Whale Carcass
Reinsertion is Socially Valuable ; Escape is Not
Reinsertion is Deliberate; Escape is Not
Reinsertion Leaves OO with Much More Control than Typical Animal Escape b/c Pool is Limited Area

23. Argument By Analogy Oil & Gas: Escape
DQ2.34 (Krypton): Usefulness of Doctrine (Legal Rules or Factors) from Escaping Animals Cases for “Escaping” Gas Situations
(Hammonds Facts; White Facts; Both; Neither)
Factors from Mullett & Blackstone:
ANIMUS REVERTENDI (Last Class)
RETURN TO NATURAL LIBERTY
ABANDONMENT (& Pursuit)

24. Argument By Analogy Oil & Gas: Escape
DQ2.34 (Krypton): Usefulness of Doctrine (Legal Rules or Factors) from Escaping Animals Cases for “Escaping” Gas Situations
(Hammonds Facts; White Facts; Both; Neither)
Factors from Other Cases:
PROTECTING LABOR/INDUSTRY (Easy)
MARKING/FINDER’s KNOWLEDGE
DISTANCE
TIME

25. Argument By Analogy Oil & Gas: Escape
Possible Alternatives to ACs (DQ )
Thinking About Pros & Cons
Might Consider:
Importance of Reinsertion & Cheap Fuel
Relative Importance of Landowners’ Interests
Ease of Administration
Public Reaction

26. Argument By Analogy Oil & Gas: Escape
Possible Alternatives to ACs
DQ2.35 (KRYPTON): Oklahoma Statute (p.101 fn2)
I’ll go through language so you can see what it does
Then ask Kryptons re some pros & cons

27. Argument By Analogy Oil & Gas: Escape
Oklahoma Statute (p.101: fn2)
“All natural gas which has previously been reduced to possession, and which is subsequently injected into underground storage fields, sands, reservoirs and facilities, shall at all times be deemed the property of the injector, his heirs, successors or assigns ….” =
Reinserted gas remains property of Gas Co. (G)

28. Argument By Analogy Oil & Gas: Escape
Oklahoma Statute (p.101: fn2)
“ … and in no event shall such gas be subject to the right of the owner of the surface of said lands or of any mineral interest therein, under which said gas storage fields, sands, reservoirs, and facilities lie, or of any person other than the injector, his heirs, successors and assigns, to produce, take, reduce to possession, waste, or otherwise interfere with or exercise any control thereover, …” =
… and other owners of pool cannot take reinserted gas or bring trespass action …

29. Argument By Analogy Oil & Gas: Escape
Oklahoma Statute (p.101: fn2)
“ … provided that the injector, his heirs, successors and assigns, shall have no right to gas in any stratum, or portion thereof, which has not been condemned under the provisions of this Act, or otherwise purchased.” =
… BUT G doesn’t have any rights to gas in portions of the pool that it has not paid to use via Eminent Domain or negotiated agreement .”

30. Argument By Analogy Oil & Gas: Escape
Oklahoma Statute (p.101: fn2) (Summary)
(1) Reinserted gas remains property of Gas Co. (G) and other owners (Os) of pool cannot take reinserted gas or bring trespass action , BUT
(2) G doesn’t have any rights to gas in portions of the pool that it has not paid to use.
MEANS: So long as G buys rights through negotiation or eminent domain, Os cannot prevent reinsertion or take gas.

31. Argument By Analogy Oil & Gas: Escape
Oklahoma Statute (p.101: fn2) (Summary)
Reinserted gas remains property of Gas Co. (G) and other owners (Os) of pool cannot take reinserted gas or bring trespass action , BUT G doesn’t have any rights to gas in portions of the pool that it has not paid to use.
If G doesn’t buy rights from Os, doesn’t own gas in those parts of pool.
Means Os can extract, but not bring trespass action.
Might mean Gs will take risk that small Os can’t afford to extract and not pay them for rights.
QUESTIONS?

32. Argument By Analogy Oil & Gas: Escape
Oklahoma Statute (p.101: fn2) (Summary)
Reinserted gas remains property of Gas Co. (G) and other owners (Os) of pool cannot take reinserted gas or bring trespass action , BUT G doesn’t have any rights to gas in portions of the pool that it has not paid to use.
If G doesn’t buy rights from Os, doesn’t own gas in those parts of pool.
Means Os can extract, but not bring trespass action.
Might mean Gs will take risk that small Os can’t afford to extract and not pay them for rights.
KRYPTON DQ2.35: Pros & Cons v. Escaping Acs
(FRIDAY)

33. Argument By Analogy Oil & Gas: Escape
Possible Alternatives to ACs: Airspace Solution
Possible State Regulation:
Reinserted gas stays property of Gas Co.(G)
BUT Surface Owners have no right to trespass action even if Gs haven't leased/bought space
Like rule about airspace over surface: above certain height, no rights. Here, below certain depth, Surface Owner has no rights (once gas extracted).
KRYPTON DQ2.36: Pros & Cons v. Escaping Acs
(FRIDAY)

34. Argument By Analogy Oil & Gas: Escape
Possible Alternatives to ACs
DQ2.37 (ALL): Best Solution?
(I’ll Take a Few Arguments Friday)
White Rule: Reinserted Gas = Property of Gas Co.
Hammonds Rule: Reinserted Gas = Unowned (Simplified ACs)
More Complex ACs (Consider marking, control, etc.)
DQ 2.35 Oklahoma Statute (White footnote 2)
DQ 2.36 “Airspace Solution to Hammonds problem.”
Other??