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

2. FRIDAY Pop Culture Moment Cartoon Characters with Speech Impediments

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

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

5. FRIDAY Pop Culture Moment Cartoon Characters with Speech Impediments

6. 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

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

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

9. 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 …

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

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

12. 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)

13. 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”

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

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

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

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

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

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

20. 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 &

21. FALL 2001

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

23. The Rhythm of the First Year & Elements
Analogy to Calisthenics

24. 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

25. 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

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

27. The Rhythm of the First Year
Staying
Motivated

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

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

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

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

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

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

34. 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!!

35. Back to Work!!

36. WEASEL ASSIGNMENT Due Thursday October 3 @ 9pm

37. 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

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

39. 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

40. 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)

41. 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

42. 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

43. DIALOGUE: Finding Best Arguments for Each Party
Legal Smeagols

44. 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

45. 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

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

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

48. McKinley v. Ford The Case of the Wounded Wolverine

49. 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

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

51. 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?

52. 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

53. 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

54. 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

55. 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

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

57. 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.

58. 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

59. 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)?

60. 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??

61. 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

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

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

64. 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)

65. 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