1. 1 Agenda for 23rd Class Review of Rules & Standards DDDA Administrative Stuff Slide Handouts Review Class –M 12/14. 10AM-12PM. Rm 3 No other classes, except Review Class No TA office hours after this week Prof. Klerman office hours for rest of semester –T 11/24. 1-2PM –M 12/2. 3:30-4:30PM –W 12/2. 3:30-4:30PM –Th 12/3. 3:30-4:30PM –M 12/14. noon-5PM Assignment for Review Class Exercise 15. In re Akers-Baker Transfer (pp. 544ff) –No writing assignment (mandatory or optional). TAs need to study

2. 2 Study Tools Portal: My Applications (left panel): Secure Documents –Model answers to all writing assignments Portal: My Applications (left panel): Recorded Classes –Recordings for all classes www.klerman.com, LL&V buttonwww.klerman.com –Slides for all classes

3. 3 Exam Multiple Choice Challenges At your discretion you may (in a Blue Book or in SofTest or however you are writing Part II of the exam), make a written appeal with respect to any two of the questions on the multiple choice exam that you feel are ambiguous or unfair. If you make more than two written appeals, I will ignore all but the first two. If you make a challenge to a question, be sure to state in your challenge which answer you marked on the computer sheet, which other answers you think are plausible and why.

4. 4 Review of Rules & Standards Rules –Easier to apply, predict, and for judge to grant SJ –Cheaper to litigate –Harder to draft –Easier to evade –Mismatch between rule and underlying policies Standards –Harder to apply, predict, grant SJ –More expensive to litigate –Easier to draft –Harder to evade –Tighter fit between standard and underlying policies Rules & standards are continuum Rules can be pro-plaintiff or pro-defendant –Ditto for standards Realists tended to prefer standards –But some backlash

5. 5 Drug Discovery & Distribution Act

6. 6 Summing Up Goal is to provide tools that can use in all classes 2 main themes – Interpretation & normative analysis –Interpretation How to interpret statutes –Will be especially useful in BusOrg, Tax, Administrative Law, and other How to interpret cases & how common law evolves –Useful in all classes –Normative reasoning Economic analysis –Cost-benefit analysis, externalities, Coase Theorem, Information –Should be useful in all classes, especially Property Ordinary Understanding; Rights; Fairness –Should be useful in all classes –Integrating interpretation & normative analysis Useful in all classes Legal Theory –Dworkin, Realism, Rules & Standards –Useful in many classes, e.g. understanding Civ Pro – Erie, Intl Shoe