choosing your 1l elective (@ 7:45) beethoven violin sonatas (kreutzer & spring) itzhak perlman,...
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CHOOSING YOUR 1L ELECTIVE (@
7:45)
Beethoven Violin Sonatas (Kreutzer & Spring)Itzhak Perlman, Violin & Vladimir Ashkenazy, Piano
PERFORMANCES 1973-74
SPRING 2011SECTION C
• Torts (Fenton) MTR 11-12:20
• U.S. Constitutional Law I (Casebeer) MTR 2:00-3:20
• Criminal Procedure (Bandes) MW4:00-5:20
• L.Comm. (8-10 1x/week)
• Elective
SECTION E• U.S. Constitutional Law I
(Corbin) MTR 11-12:20• Criminal Procedure
(Bascuas) MW 2:00-3:20• Contracts (Paulsson)
MTR 4:00-5:20• L.Comm. (8-10 1x/week)
• Elective
CHOOSING YOUR 1L ELECTIVE
You are picking one course out of the 20 or so electives you will take
in law school.
CHOOSING YOUR 1L ELECTIVE: OPTIONS (LOTS)
• Analysis of Evidence (Anderson/Twining)
• Civil Procedure II (Stefan)• Comparative Law (Wagner)• Environmental Law &
Policy (Williamson)• Family Law (Stewart)
• Financial Accounting (Mundstock)
• Housing Discrimination (Fajer)
• Legislation (Blatt)• Philosophy of Law (Nickel)• Substantive Criminal Law
(Mahoney)
CHOOSING YOUR 1L ELECTIVE: CONSIDERATIONS
• Past Student Evaluations – Check Circulation Desk for Paper (Spring ‘08 & Earlier)– Check with Tent Fellows re Electronic (Fall ‘09-Present)– Read Carefully; Grain of Salt
• Logistical Issues• Substantive Concerns
CHOOSING YOUR 1L ELECTIVE: CONSIDERATIONS
• Past Student Evaluations • Logistical Issues
– Method of Evaluation– Size of Class (Estimated)– Likely to Be Offered Later?– Non-1L Students in Room?
• Substantive Concerns
CHOOSING YOUR 1L ELECTIVE: METHOD OF EVALUATION
ALL ON FINAL EXAM• COMPARATIVE• FAMILY• FINANCIAL ACCTG• SUBST. CRIM.
OTHER METHODS + EXAM• ANALYSIS: 2 BIG PROJECTS• CIV PRO II: PROJECT & QUIZ• ENVIRONMENTAL: 2 PROJECTS• HOUSING: 4-5 SHORT ASSMTS• LEGISLATION: 1 WRITTEN ASSMT• PHILOSOPHY: MIDTERM &
PAPER
CHOOSING YOUR 1L ELECTIVE: SIZE OF CLASS (TENTATIVE)
IN BIG ROOMS• ANALYSIS• CIV PRO II • FAMILY• FINANCIAL ACCTG• SUBST. CRIM.
SMALLER CAPS• COMPARATIVE (uncertain)• ENVIRONMENTAL (25)• HOUSING: (60)• LEGISLATION: (35)• PHILOSOPHY: (8-10)
CHOOSING YOUR 1L ELECTIVE: HOW FREQUENTLY OFFERED?
EVERY SEMESTER•CIV PRO II •FAMILY•SUBST. CRIM.
EVERY YEAR•COMPARATIVE•ENVIRONMENTAL*
SOMETIMES UPPER LEVEL•FINANCIAL ACCTG•HOUSING•PHILOSOPHY??
USUALLY 1L ONLY•ANALYSIS •LEGISLATION
CHOOSING YOUR 1L ELECTIVE: non-1Ls IN THE ROOM?
ALL 1Ls•ANALYSIS •CIV PRO II •FAMILY•FINANCIAL ACCTG•LEGISLATION•SUBST. CRIM.
•*
SOME UPPER LEVEL•COMPARATIVE •HOUSING
OTHER DEPTS•ENVIRONMENTAL•PHILOSOPHY
CHOOSING YOUR 1L ELECTIVE: CONSIDERATIONS
• Past Student Evaluations • Logistical Issues• Substantive Concerns (Course by Course)
– Prerequisite/Introduction to Other Courses– Particular Skills– Fit Into Career Goals (see advice on my home page)
ANALYSIS OF EVIDENCE (ANDERSON/TWINING)Inferences & Proof of Facts
• Meets Evidence prerequisite for Litigation Skills; Prof. Anderson uses to help choose students for trial teams
• Especially helpful for litigation, but analytic skills help everywhere; some intro to evidence rules on bar exam (but most students take Evidence)
• Anderson & Twining team teach, together and in break-out groups
CIVIL PROCEDURE II (STEFAN)
Continuation of Civ Pro I• Helpful Generally for Upper Level Non-Criminal
Courses • Probably should take at some point if considering
non-criminal litigation• Stefan used to teach here; superb teacher and
litigator with specialty in Mental Health Law
COMPARATIVE LAW (WAGNER)
Compare Legal Systems (Civil/Common Law)• Now in a Very Small Room; He’s Trying to Move • Helpful Intro to Comparative/Int’l Courses• Good course for int’l careers and for gen’l
understanding of law
Environmental Law & Policy (Williamson)
Complex Statutes; Not Trees & Squirrels• Intro to Upper Level Environmental Courses• This course = Intro to major environmental
statutes, plus some introduction to International Law. More policy than basic intro course + interaction with graduate students from other depts.
• Field is relevant to public interest, gov’t, or business advising practice
FAMILY LAW (STEWART)
Basic Intro to Important Area of the Law• Marriage & Divorce; Child Custody, Visitation
& Support; Non-Traditional Families• Helpful Background for Other Practice Areas:
E.g., Tax; Estate Planning; Criminal Law• Prof. Stewart works in Children & Law Clinic;
likely very practical approach
FINANCIAL ACCOUNTING FOR LAWYERS (MUNDSTOCK)
Intro to Accounting (Legal Perspective)• Helpful Intro to Financial Statements and Business
Law for Students w/o Business Background• Can’t Take as 1L if More Than One Prior
Accounting Course• Prof. Mundstock is Quirky and Very Funny
LEGISLATION (BLATT)
Intro to Techniques for Working With Statutes• Really Useful for Wide Variety of Practice Areas
Focused on Complex Statutes (E.g., Bankruptcy; Civil Rights; Commercial Law; Communications; Environmental; Intellectual Property; Tax)
• Prof. Blatt Involves Virtually All Students in Every Class
PHILOSPHY OF LAW (NICKEL)Philosophy as Tool to Explore Legal System
& Moral/Legal Issues• Opportunity to Get Some Perspective on Issues Raised by
Law School Through Lens of Another Discipline & Including Voices of Non-Law Students
• Really only opportunity to participate in discussion seminar and do extensive reading in non-legal materials.
• Prof. Nickel in both Law School & Dept. of Philosophy• Only class that doesn’t meet WF 11:00-12:20
SUBSTANTIVE CRIMINAL LAW (MAHONEY)
Elements of Crimes & Defenses • Intro/Prereq to Upper Level Crim Electives;
Good Synergy with Crim. Pro.• Many Students Go Into Criminal Law, But
Comes Up in Every Area of Practice, Notably Business Law (e.g., Antitrust, Securities), Family Law, Immigration, Sports Law
• Prof. Mahoney is a popular 1L teacher with strong interest in Public Interest Lawyering
HOUSING DISCRIMINATION (FAJER)
Legal Responses to Housing Discrimination & Segregation
• Intro to Civil Rights Statutes & Policy, Especially re Race and Disability
• Lot of Exercises Providing General Intro to Working with Statutes (Less Thorough/More Focused than Legislation)
• Operation of Class Mostly Similar to Property; Might Consider Trying Out New Profs Before Taking Me Again.
CHOOSING YOUR 1L ELECTIVE: LOGISTICS
• Registration Time & Significance– Check MyUM Before Registration Time
• Learn the Procedures• Wait Lists & Add/Drop
ASSIGNMENT #3
• Due Tuesday/Wednesday Next Week• Defining & Using Technical Terms• Order of Presentation:
– Help Reader Understand What Would Occur– Can Do Statutes in Order IF You Think That Helps
• Questions?
FINAL TEST NOTES: SUBSTANCE• Mostly Repetition/Slight Alteration of Old Qs• Read Carefully
– Positives & Negatives– Changes from Old Qs
• Arguments Supporting– Must be correct– Must logically support position
FINAL TEST NOTES: PREPARATION• Do Old Qs & Check Answers
– Try to do at least one of the complete tests under exam conditions
– Look hard at the questions that are slight variations on the same grant.
– Check with me if answers/explanations don’t make sense
• Run the slides when tired/worn out
FINAL TEST NOTES: LOGISTICS
• Office Hours (Location & Time on Course Page)– Today: Afternoon & Evening– Tomorrow: Morning & Evening
• All Contact Stops 9 p.m. Tomorrow• Room Assignments on Course Page• Test Starts at 8:00; Plan to Arrive 15+ Minutes
Early• Bring Number 2 PencilsBring Number 2 Pencils
FINAL TEST NOTES: EMERGENCIES
If something occurs that prevents you from taking test on time: Talk to Deans of Students, NOT ME
If a problem arises in exam room: Talk to Registrar or Deans of Students, NOT ME
(7O): 1st QUESTION: ARGUMENTS?
“To my wife Edith, for her use & benefit, so long as she remains unmarried.”
Life estate determinable or fee simple determinable?
(7O): 1st QUESTION: ARGUMENTS?“To my wife Edith, for her use & benefit, so
long as she remains unmarried.” Life estate determinable or fee simple determinable?
• Presumption of Fee Simple• Use and Benefit Sounds Like Life Estate• Condition is Consistent with Intent to Support• Reasonable to Think Archie would try to Protect Gloria
(not Edith’s daughter)
(7O): 1st QUESTION• “To my wife Edith, for her use & benefit, so long as
she remains unmarried.”• Majority: E = Fee Simple Determinable • A G? (Remaining Future Interest in Archie
passed to Gloria through residuary clause in will)
(7O): 1st QUESTION• “To my wife Edith, for her use & benefit, so long as
she remains unmarried.”• Majority: E = Fee Simple Determinable • A G = Possibility of Reverter
(7O): 1st QUESTION
• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”
• Some: E = Life Estate Determinable • A G ?
REVIEW: DEFEASIBLE FINITE ESTATES
Can create conditions cutting off finite estates, yielding, for example:
• Life Estate Determinable• Term of Years on Condition Subsequent• Life Estate on Executory Limitation
Defeasible Finite Estates: Example (7H): Thelma "to Louise for 99 years if Louise so long live."
Louise: Term of years determinable.Thelma: Possibility of Reverter +
Reversion =Reversion (Merger)
(7O): 1st QUESTION
• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”
• Some: E = Life Estate Determinable • A G = Possibility of Reverter +Reversion =
Reversion (Merger) (See Problem 7H)
(7O): 1st QUESTION: RECAP• Edith’s Interest
– Majority: E has F.S. Determinable– Some: E has Life Estate Determinable
• Gloria holds future interest through residuary clause
(7O): 2d QUESTION: ARGUMENTS?
• Is condition restraining second marriage void as against public policy?
(7O): 2d QUESTION: Recap
• Is condition restraining 2d marriage void as against public policy?
• Policy Discussion: A’s right to control property v. E’s right to control her life
• Probably more likely OK if seen as just life estate for support
(7O): 2d QUESTION
• Is condition restraining 2d marriage void as against public policy? Result:–If not void, nothing changes–If void, pencil out condition
(7O): 2d QUESTION
• If condition void, pencil out condition
–“To my wife Edith, for her use & benefit, so long as she remains unmarried.”
(7O): 2d QUESTION
If condition void, pencil out condition– “To my wife Edith, for her use & benefit.”
• Majority: E = Fee Simple Absolute• Some: E = Life Estate + G = Reversion
What Happens when E dies?
(7O): 2d QUESTION
If condition void, pencil out condition: “To my wife Edith, for her use & benefit.”
Majority: E = Fee Simple Absolute Edith Dies?
(7O): 2d QUESTION
If condition void, pencil out condition: “To my wife Edith, for her use & benefit.”
Majority: E = Fee Simple Absolute Edith Dies? S= Fee Simple Absolute
(7O): 2d QUESTION
If condition void, pencil out condition: “To my wife Edith, for her use & benefit.”
• Some: E = Life Estate + G = Reversion Edith Dies?
(7O): 2d QUESTION
If condition void, pencil out condition: “To my wife Edith, for her use & benefit.”
Some: E = Life Estate + G = Reversion
Edith Dies G = Fee Simple Absolute
(7O): 3d QUESTION:ARGUMENTS?
• Is cohabitation a violation of a restraint on marriage? (Only need to resolve if condition is valid).
(7O): 3d QUESTION• Is cohabitation a violation of a restraint on
marriage?– If yes, Gloria gets fee simple absolute.– If no (Restatement position) nothing changes
(7O): E Dies, Condition Valid, No Violation
“To my wife Edith, for her use & benefit, so long as she remains unmarried.”– Some: E = Life Estate Determinable – G = Possibility of Reverter +Reversion =
Reversion (Merger)– Who Gets?
(7O): E Dies, Condition Valid, No Violation
“To my wife Edith, for her use & benefit, so long as she remains unmarried.”– Some: E = Life Estate Determinable – G = Possibility of Reverter +Reversion =
Reversion (Merger)G = Fee Simple Absolute
(7O): E Dies, Condition Valid, No Violation
“To my wife Edith, for her use & benefit, so long as she remains unmarried.”– Majority: E = Fee Simple Determinable
– G = Possibility of Reverter– Who Gets?
(7O): E Dies, Condition Valid, No Violation
“To my wife Edith, for her use & benefit, so long as she remains unmarried.”– Majority: E = Fee Simple Determinable – G = Possibility of Reverter
–S = Fee Simple Absolute • Edith Can’t Remarry After Death • Thus Condition Can Never Occur• So Condition Effectively Disappears
Review pRoblem 7P: OATS
Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.”
AMBIGUITIES/QUESTIONS?
Review pRoblem 7P
R “to S for life, then to my heirs, but should S marry before she turns 35, to M” Ambiguities:
• R alive or dead?• M’s interest intended to cut off life estate?• Condition void?• Today or “At Common Law”?
(7P) AMBIGUITIES
• R alive or dead?• M’s interest intended to cut off life estate?• Condition void?• Today or “At Common Law”?
(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she
turns 35, to Marni.”
• R alive or dead: Why matters?
(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns
35, to Marni.” • R alive, “to my heirs” = contingent remainder• R dead, “To my heirs” = vested remainder
subject to divestment.
(7P) AMBIGUITIES
• R alive or dead?
• M’s interest intended to cut off life estate?
• Condition void?• Today or “At Common Law”?
(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns
35, to Marni.”
M’s interest cut off life estate? Arguments ?
(7P) R “to S for life, then to my heirs, but should S marry before she turns 35, to M.”
• M’s interest cut off life estate? – punishes S for early marriage– discourages fortune hunters– maybe concern w Stacy support for Marni– no “then to Marni”
• BUT: could have placed right after life estate• Could check for other facts (ages of S&M) (!)
(7P) AMBIGUITIES
• R alive or dead?• M’s interest intended to cut off life estate?
• Condition void?• Today or “At Common Law”?
(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she
turns 35, to Marni.”
• Partial Restraint on Marriage: OK to Postpone Marriage Until 35?
(7P) R “to S for life, then to my heirs, but should S marry before she turns 35, to M.”
Partial Restraint on Marriage OK?• Probably OK if only effects remainder (no harm to S)• Check S’s age
– Not much effect if S is 33– Bigger deal if S is 17 or engaged to be married soon
• If void, pencil out interest to MIf void, pencil out interest to M
(7P) AMBIGUITIES
• R alive or dead?• M’s interest intended to cut off life estate?• Condition void?
• Today or “At Common Law”?
(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she
turns 35, to Marni.”
At Common Law or Today: Why Matters?
(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.”
• At Common Law: M’s interest presumed to be in Life Estate
• Today: M’s interest presumed to be in fee simple absolute
Default Estate
“At Common Law” v. “Today”
Life EstateMust use “and M’s Heirs”
to create fee simple.
Fee Simple
“to X and the Heirs of his Body”“At Common Law” v. “Today”
Created a Traditional
Fee Tail
Traditional Fee Taileliminated;
state statutes provide
different results when
this language used
Doctrine of Destructability of Contingent Remainders
“At Common Law” v. “Today”
Appliedeverywhere
Eliminated in allstates except
Florida
(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.”
Work Through Decision Tree:One Example
(7P) R “to S for life, then to my heirs, but should S marry before she turns 35, to M.”
• Example: Condition void, Renee alive, today.
–S?
(7P) R “to S for life, then to my heirs, but should S marry before she turns 35, to M.”
• Example: Condition void, Renee alive, today, DWT inapplicable.
–S: Life Estate–R’s Heirs?
(7P) R “to S for life, then to my heirs, but should S marry before she turns 35, to M.”
• Example: Condition void, Renee alive, today, DWT inapplicable.– S: Life Estate
–R’s Heirs: Contingent Remainder in F.S.–R?
(7P) R “to S for life, then to my heirs, but should S marry before she turns 35, to M.”
• Example: Condition void, Renee alive, today, DWT inapplicable.– S: Life Estate– R’s Heirs: Contingent Remainder
–R: Reversion–M?
(7P) R “to S for life, then to my heirs, but should S marry before she turns 35, to M.”
• Example: Condition void, Renee alive, today– S: Life Estate– R’s Heirs: Contingent Remainder– R: Reversion
–M: Nothing
(7Q) (RICE)Xaviera, in her valid will: “I grant Brothelacre to Betsy if it continues to be used as a house of prostitution, but if not, my heirs can take it. I leave the rest of my property to my
friend Phil.”
Xaviera was survived by no issue or spouse, but by her mother, Yvonne. Betsy later closed the existing brothel and
replaced it with an ad agency.
(7Q) : X: “I grant Brothelacre to B if continues to be used as house of prost., but if not, my heirs can take
it. I leave the rest of my property to friend P.” X survived by mother, Y. B closed brothel and opened
ad agency.
AMBIGUITIES?
(7Q) : X, in valid will: “I grant Brothelacre to B if continues to be used as house of prost., but if not, my heirs can take it. I leave the rest of my property to friend P.” X survived by mother, Y. B closed brothel
and opened ad agency.
AMBIGUITIES?• Condition Valid?• Heirs take automatically v. must act• Ad agency violate grant?
(7Q) : X, in valid will: “I grant Brothelacre to B if continues to be used as house of prost., but if not, my heirs can take it. I leave the rest of my property to friend P.” X survived by mother, Y. B closed brothel
and opened ad agency.
NOT AMBIGUITIES• Common Law v. Today (Ad Agency)• Who is X’s “heir”: Y not P
(7Q) : X, in valid will: “I grant Brothelacre to B if continues to be used as house of prost., but if not, my heirs can take it. I leave the rest of my property to friend P.” X survived by mother, Y. B closed brothel
and opened ad agency.
AMBIGUITIES?• Condition Valid? If in Nevada or other
jurisdiction where prostitution legal.
(7Q) : X, in valid will: “I grant Brothelacre to B if continues to be used as house of prost., but if not, my heirs can take it. I leave the rest of my property to friend P.” X survived by mother, Y. B closed brothel
and opened ad agency.
AMBIGUITIES?• Heirs take automatically v. must act?
(7Q) : X, in valid will: “I grant Brothelacre to B if continues to be used as house of prost., but if not, my heirs can take it.”
Automatically• Single Purpose• Time Language
Must Act• Two Clauses• “can take it”• Presumption
(7R) (RICE)R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J
and his heirs if J reaches 35.” C on land writes novels & does deals on phone.
C dies; J is not 35
VERY HARD (ESPECIALLY IF ESSAY Q)!!Multiple Variations in Old Tests
(7R) R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his heirs if J reaches 35.”C on land writes novels & does deals on phone. C
dies; J is not 35
AMBIGUITIES?
(7R) R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his
heirs if J reaches 35.” C on land writes novels & does deals on phone. C dies; J is not 35
AMBIGUITIES
• Life Estate or Fee?• Condition Violated by Writing/Deal-Making?• When Does J’s Interest Take Effect?• Destructibility Apply?
Note: No Ambiguity re Today v. Common Law
C writes novels & does deals
on phone.(Cf. medical school or law school, which go
back to medieval Europe)
(7R) R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his
heirs if J reaches 35.” C on land writes novels & does deals on phone. C dies; J is not 35
AMBIGUITIES
• Life Estate or Fee? – Arguments
(7R) R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his
heirs if J reaches 35.” C on land writes novels & does deals on phone. C dies; J is not 35
• Life Estate or Fee? – “support & benefit” v. presumption of fee– “then to J” looks like remainder– Check age of J (more likely fee if J very young)– Is condition just on C (more likely life estate) or on whoever
owns the land (more likely fee)?– Check relationship between R & C: any reason to think it’s a
support life estate?
PROBLEM 7S (OATS)• T (in will): “to the Holy Shrine Church to be
used for church purposes, but if not, to my son D if he is still living.”
• Use of Property:– Parking Lot– Empty for Several Months– Winter Homeless Shelter Run by Parishioner
• D dies & leaves interest to J
PROBLEM 7S (OATS)• T (in will): “to the Holy Shrine Church to be
used for church purposes, but if not, to my son D if he is still living.”
AMBIGUITIES?
PROBLEM 7S (OATS)• T (in will): “to the Holy Shrine Church to be
used for church purposes, but if not, to my son D if he is still living.”
AMBIGUITIES?• Is limit on HSC supposed to survive D? • Is Dick’s interest self-executing or did he have
to act to retake the property?
PROBLEM 7S (OATS): T (in will): “to the Holy Shrine Church to be used for church purposes, but if not, to
my son D if he is still living.”
• Use of Property Violate Grant?:– Parking Lot– Empty for Several Months– Winter Homeless Shelter Run by Parishioner