MUSIC: BRAHMS

Cello Sonatas (1862, 1886)

Mstislav Rostropovich, Cello Rudolph Serkin, Piano Recording: 1983

B1 LUNCH TODAY: MEET ON BRICKS @ 12:05

Caraker; Kaye; Lafalce; Marti; Newbold; Suarez; Walker

LOGISTICS: CLASS #13

•

B1: If you need to miss class on Wed 9/26 for Yom Kippur, you may come to B2 session on Thurs 9/27.

–

To get attendance credit, if you intend to do this, please notify my assistant by Tuesday 9/25.

LOGISTICS: CLASS #13

• •

ALL: Assignment #1 Due Mon 9/24 @ 9pm

•

Today = Last Chance for Qs

•

Double-check all instructions before finalizing Briefs Due Before Fall Break:

• • •

KRYPTON: Albers Brief Due Thu 9/27 @ 9pm URANIUM: Kesler Brief Due Sun 9/30 @ 4pm RADIUM: Taber Brief Due Sun 9/30 @ 4pm

•

Use briefing form for trial court cases available next week

•

Shaw Briefs Available Monday from Letty Tejeda

The Rhythm of the First Year Same at Every School Where I’ve Taught

The Rhythm of the First Year Three Typical 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: • Analogy to “Calisthenics”: You Are Starting to Use New Muscles, So You’ll Be a Little Sore

The Rhythm of the First Year:

The Mid-September Crisis

KEEP IN MIND: • Analogy to “Calisthenics”:

• Second Year Students (No Secret 1L Graveyard)

The Rhythm of the First Year:

The Mid-September Crisis

KEEP IN MIND:

• Analogy to “Calisthenics”: • Second Year Students • Almost All of You will be Worried About Something Else in Mid-October

MINING the MEANING of

MANNING

• • • • • •

Mining Manning ‘s Meaning: DQ45: OXYGEN E-Mail Holding to Me by 5pm For Amy: Saturday For Brandon: Brooks, Brittany (B1)

•

Lafalce, Nicholas (B1) Cooper, Josh (B1)

•

Newbold, Sean (B1) Kaye, Joey (B1)

•

Suarez, Milvia (B1) Deleon, Blair (B2)

•

Lasoff, Sean (B2) Ford, Luke (B2)

•

Revah, Phil (B2) Holmes, Jordan (B2)

•

Vaal, Joshua (B2)

Mining Manning ‘s Meaning: DQ42: RADIUM

• • The law of Georgia is, that to have property in animals, birds and fishes which are wild by nature, one must have them within his actual possession, custody or control, and this he may do by taming, domesticating, or confining them.

Could simply go to 1 st possession and mean that Mitcherson owned bird prior to escape.

Could mean, “Once tamed, yours of opinion suggests otherwise forever”, BUT structure

Mining Manning ‘s Meaning: DQ42 & POSSIBLE DOCTRINAL RATIONALE

, “one must have them within his actual possession, custody or control, and this he may domesticating, or confining them.

” do by taming, The court found this test met here, explicitly by presumably also by “confining”, “taming” and so that the plaintiff had a property right in the bird. The court then indicated that this right not would be lost by escape on the facts here.

Mining Manning ‘s Meaning: DQ42: RADIUM

• The law of Georgia is, that to have property in animals, birds and fishes which are wild by nature, one must have them within his actual possession, custody or control, and this he may do by taming, domesticating, or confining them.

Interesting Dahl idea that OO retains ownership if sufficient evidence remains of taming, domesticating or confining. (Can Finder tell? Maybe play with going forward)

Mining Manning ‘s Meaning: DQ44: RADIUM

To say that if one has a canary bird, mocking bird, parrot, or any other bird so kept and it should accidentally escape from its cage to the street, or to a neighboring house, that the first person who caught it would be its owner, is wholly at variance with our views of right and justice. (p.38 last para.)

For Sweet, not an accident! Court probably means owner did not deliberately allow bird to fly free

Mining Manning ‘s Meaning: DQ44: RADIUM

To say that if one has a canary bird, mocking bird, parrot, or any other bird so kept and it should accidentally

escape from its cage to the street, or to a neighboring house,

that the first person who caught it would be its owner, is wholly at variance with our views of right and justice.

Likely true here; if so, why relevant?

Mining Manning ‘s Meaning: DQ44: RADIUM

To say that if one has a canary bird, mocking bird, parrot, or any other bird so kept and it should accidentally

escape from its cage to the street, or to a neighboring house,

that the first person who caught it would be its owner, is wholly at variance with our views of right and justice.

•

Likely true here; if so, why relevant?

–

Only a short distance from point of escape?

–

Not returned to natural habitat/liberty? (although court doesn’t use this language)

Manning v. Mitcherson:

Might add Distance to HOLDING: The original owner retains property rights in an

escaped [

animal ferae naturae

] [that had distinctive crest][that responded to its name] [that had escaped and returned once before] [that had been owned for two years][that had been missing for only five days][that OO located day after it was found]

escape

] [

that only traveled a short distance after

Mining Manning ‘s Meaning: DQ44: RADIUM

To say that if one has a canary bird, mocking bird, parrot, or any other bird so kept and it should accidentally escape from its cage to the street, or to a neighboring house, that the first person who caught it would be its owner,

is wholly at variance with our views of right and justice.

WHY?

This is unsupported rhetoric. You need to do better.

More explanation = More Persuasive = More Points

Mining Manning ‘s Meaning: DQ44: RADIUM

• • • • To say that if one has a canary bird, mocking bird, parrot, or any other bird so kept and it should accidentally escape from its cage to the street, or to a neighboring house, that the first person who caught it would be its owner, is wholly at variance with our views of right and justice.

WHY?

MAYBE: Unfair to OO; too close in time and distance to lose rights (protect emotional & material investment) MAYBE: Finder should know that there is prior OO, so shouldn’t keep it

MAYBE BOTH

PLAUSIBLE ADDITIONAL ARGUMENT (Grabel): Court is concerned that OO not have to over-invest in confinement in order to maintain ownership.

Mining Manning ‘s Meaning: DQ44: RADIUM

To hold that the traveling organist with his attendant monkey, if it should slip its collar, and go at will out of his immediate possession and control, and be captured by another person, that he would be the true owner and the organist lose all claim to it, is hardly to be expected; or that the wild animals of a menagerie, should they escape from their owner's immediate possession, would belong to the first person who should subject them to his dominion. (p.38

last para.)

WHAT IS MENAGERIE?

Mining Manning ‘s Meaning: DQ44: RADIUM

• •

Animals Referenced in Last Paragraph: Wild Animals in a Menagerie (= Zoo) Organ Grinder’s Monkey

Why These Animals?

Mining Manning ‘s Meaning: DQ44: RADIUM Why Animals Referenced in Last Paragraph:

–

Wild Animals in a Menagerie (= Zoo)

–

Organ Grinder’s Monkey

•

MAYBE: Valuable (but canary much less $$$)

•

MAYBE: F should know there’s prior owner

•

Again inconsistent with simply relying on “tamed”

Mining Manning ‘s Meaning: DQ44 & POSSIBLE POLICY RATIONALES

The court stated that it would be unjust to allow the finder to keep a pet bird that escaped to the street. It compared the case to an escaped organ grinder’s monkey and to wild animals escaping from a menagerie.

These analogies suggest that it might be trying to protect the original owner’s investment in training and purchasing the animal.

Mining Manning ‘s Meaning: DQ44 & POSSIBLE POLICY RATIONALES

The court stated that it would be unjust to allow the finder to keep a pet bird that escaped to the street. It compared the case to an escaped organ grinder’s monkey and to wild animals escaping from a menagerie.

These analogies suggest that it might believe that the finders of all these animals ought to know that they have a prior owner, and so should return them.

Mining Manning ‘s Meaning: DQ44 & POSSIBLE POLICY RATIONALES

Other Possible Policy Rationales?

Mining Manning ‘s Meaning: DQ44: RADIUM

To hold that the traveling organist with his attendant monkey, if it should slip its collar, and go at will out of his

immediate possession and control, and be captured by

another person, that he would be the true owner and the organist lose all claim to it, is hardly to be expected; or that the wild animals of a menagerie, should they escape from

their owner's immediate possession, would belong to the first person who should subject them to his dominion.

•

Again looks like short time/distance relevant .

• • • •

Mining Manning ‘s Meaning: Plausible Factors

Taming (or Other Investment in Animal) Marking (or F Likely Aware of OO) Emotional Bond Short Time/Distance from Escape

• • • •

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of Mullett

Taming (or Other Investment in Animal) Marking (or F Likely Aware of OO) Emotional Bond Short Time/Distance from Escape

•

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of Mullett

Taming (or Other Investment in Animal) •

Evidence Here?

•

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of Mullett

Taming (or Other Investment in Animal) •

Evidence Here

• •

No Evidence of Taming/Training Probably Significant $$$ Investment (Cross Country Travel)

•

Factor Help OO Under Manning?

•

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of Mullett

Taming (or Other Investment in Animal) • •

Evidence Here

• •

No Evidence of Taming/Training Probably Significant $$$ Investment Factor Help OO Under Manning?

•

Not Tamed

•

Unclear How Much $$$ Investment Helps (Maybe b/c of Menagerie Animals)

•

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of Mullett

Marking (or F Likely Aware of OO) •

Evidence Here?

•

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of Mullett

Marking (or F Likely Aware of OO) • – –

Evidence Here “Blemishes” ( Scarsides) Maybe F Should Know b/c in Atlantic (Save for Discussion of Natural Liberty)

•

Blemishes as Marks Help OO Under Manning?

•

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of Mullett

Marking (or F Likely Aware of OO) • • – –

Evidence Here: “Blemishes” Blemishes Help OO Under Manning?

Useful to I.D. Animal Probably Don’t Tell F There’s a Prior Claim

•

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of Mullett

Emotional Bond:

No Evidence at All

“He stuck me on this stupid island and he doesn’t call, he doesn’t write ….”

•

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of Mullett

Short Time/Distance from Escape • •

Evidence Here

• • • •

Escape “a few days” after OO regained animal Captured by F ~2 Weeks After Escape Captured by F 70 Miles from “Home” OO discovers animal about 1 year later Factor Help OO Under Manning?