1. HOW LAW IS MADE
CLASS 1

2. Administrative
Give quiz

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

4. Today
Judicial Lawmaking
Sources of Impetus for Law
Exercise

5. 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?

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

7. 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

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

9. 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

10. 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

11. How Law is Made
Class 2

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

13. 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

14. Today
Terminology
Discussion of Wrongful Discharge Law
Exercise

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

16. 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

17. 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?

18. 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

19. How Law is Made?
Class 3

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

21. 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

22. Today
The Problem
The Exercise

23. 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?

24. 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?

25. 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?

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