Transcript ELEMENTS B1: Prof. Fajer

MUSIC:
THE MAMAS & THE PAPAS
16 of Their Greatest Hits
(1965-68)
§D Lunch Mon Sep 15
Meet on Bricks @ 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:
DQ1.41: 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:
DQ1.41: 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:
DQ1.42: 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: DQ1.42
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:
DQ1.42: RADIUM
Arguments from Prior Authority re
Ownership of Escaped Animals
• From Policies We’ve Discussed?
– Rewarding Useful Labor/Investment?
Introduction to Escape:
DQ1.42: 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:
DQ1.42: RADIUM
Arguments from Prior Authority re
Ownership of Escaped Animals
• From Policies We’ve Discussed?
– Providing Certainty?
Introduction to Escape:
DQ1.42: 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:
DQ1.42: 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 (PiersonLiesner-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 9/14 @ 4pm
• Probably helpful to read Manning as well
• Manning & Mullett Self-Quizzes Posted
• KRYPTON: Albers Brief Due Sun 9/21 @ 9pm
• Note on Early Submissions (Class Discussion/Quizzes)
Questions on Briefing Assignments?
• ALL: Assignment #1 Due Sun 9/21 @ 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
Uranium
Radium
Oxygen
Krypton
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
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 decisionmaking 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 decisionmaking 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?