Moussorgsky, Pictures at an Exhibition Composition for Piano (1874)Orchestration: Ravel (1922)

Recording: Cleveland Orchestra (1979)Lorin Maazel, Conductor

Reminder: No Dean’s Fellow TodayEveryone Friday in Rm 352

Extra Fajer Office HoursToday 10-12:15

Tomorrow 9:15-11

Friday 10-12:15

CHOOSING YOUR

1L ELECTIVE

SPRING 2010SECTION E

• Contracts (Widen) WF 8-10

• Criminal Procedure (Stotzky) TR 8-8:55

• U.S. Constitutional Law I (Casebeer) TWR 3:30-4:50

• LRW II

•Elective

SECTION G• Contracts (Sidel) MTR

8-9:20• Criminal Procedure

(Bascuas) TR 11-12:20• U.S. Constitutional Law I

(Rosenn) MTR 2-3:30 • LRW II

•Elective

CHOOSING YOUR 1L ELECTIVE

The most important decision you will make …

CHOOSING YOUR 1L ELECTIVE

The most important decision you will make on Monday.

CHOOSING YOUR 1L ELECTIVE

The most important decision you will make on Monday. Maybe.

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

You are not picking a spouse.

CHOOSING YOUR 1L ELECTIVE

CHOOSING YOUR 1L ELECTIVE: OPTIONS (LOTS)

• Administrative Law (Copeland)

• Analysis of Evidence (Anderson/Twining)

• Civil Procedure II (Lynch)

• Comparative Law (Wagner)

• Environmental Law (Williamson)

• European Union Law (Bradley)

• Financial Accounting (Mundstock)

• Labor Law (Casebeer)• Professional Liability

(Alfieri)• Race, Ethnicities & Law

(Valdes)• Substantive Criminal

Law (Jones)

CHOOSING YOUR 1L ELECTIVE: CONSIDERATIONS• Past Student Evaluations (Circ. Desk)• Method of Evaluation• Size of Class (Estimated)• Prerequisite/Intro to Other Courses• Likely to Be Offered Later?• Upper Level Students in Room?• Furthering Career Goals (See Website)

ADMINISTRATIVE LAW (COPELAND)

Administrative Agencies & Regulations• Evaluation: Exam• Scheduled in a Small Room• Helpful for Lots of Upper Level Courses • Offered Every Semester as Upper Level• No Upper Level Students in Room• Very Helpful for Lots of Areas of Law (e.g.,

Communications, Consumer Protection, Environmental, Labor, Tax); Good Synergy with US Con Law I

ANALYSIS OF EVIDENCE (ANDERSON/TWINING)Inferences & Proof of Facts

• Evaluation: Group Projects & Exam• Scheduled in a Small Room• Can take Litigation Skills • Sometimes Offered as Upper Level• No Upper Level Students in Room• Especially helpful for litigation, but analytic

skills help everywhere; some intro to evidence rules on bar exam (but most students take Evidence)

CIVIL PROCEDURE II (LYNCH)

Continuation of Civ Pro I• Won’t be Evaluations Available• Evaluation: Exam• Scheduled in a Large Room• Helpful Generally for Upper Level Courses • Offered Every Semester as Upper Level• No Upper Level Students in Room• Probably should take at some point if

considering non-criminal litigation• You know what you are getting w Lynch

COMPARATIVE LAW (WAGNER)

Compare Legal Systems (Civil/Common Law)

• Won’t be Evaluations Available

• Evaluation: Exam

• Scheduled in a Large Room

• Helpful Intro to Comparative/Int’l Courses

• Offered Every Year as Upper Level

• Upper Level Students in Room

• Good course for int’l careers and for gen’l understanding of law

Environmental Law (Williamson)

Complex Statute; Not Trees & Squirrels• Midterm & Final Exam• Scheduled in Fairly Large Room• Prereq/Intro to Upper Level Environmental• Offered Every Year for Upper Level• Upper Level Students in Room• Good practice with modern statutes; can

use directly for public interest, gov’t, or business advising

EUROPEAN UNION LAW (BRADLEY)

Structure & Operation of European Union• Final Exam• Scheduled in Large Room• Intro to Public & Pvt. Int’l Law; Not Prereq• Rarely Offered as Upper Level Course• No Upper Level Students in Room• Interest in Int’l or Business Areas; Good

Synergy with US Con Law I

FINANCIAL ACCOUNTING FOR LAWYERS (MUNDSTOCK)

Intro to Accounting (Legal Perspective)

• Exam

• Scheduled in Large Room

• Helpful Intro to Business Law for Students w/o Business Background

• Sometimes Offered to Upper Level Students

• No Upper Level Students in Room

• Can’t Take as 1L if More Than One Prior Accounting Course

LABOR LAW (CASEBEER)

Intro to Collective Bargaining Labor Issues

• Exam

• Scheduled in Small Room

• Good Intro to Upper Level Labor Classes

• Offered Every Year to Upper Level Students

• Upper Level Students in Room

• Helpful for Either Labor or Management Side; Common Part of Corporate Practice

• Section E : 7 Credits of Anyone May Be A Lot

PROFESSIONAL LIABILITY & MALPRACTICE (ALFIERI)

Intro to Legal Malpractice• No Evaluations Available (New Course)• Short Papers/Exercises & Exam• Scheduled in Small Room• Not a Prerequisite or Intro: • NEW INFO: Does satisfy Group 4 Reqm’t• May Not Be Offered to Upper Level Students• Upper Level Students in Room• Advanced Tort Class; Useful Intro to Legal

Profession

RACE, ETHNICITIES & LAW (VALDES)

Interaction of Race & Various Areas of Law• Long Paper; Shorter Reflection Papers; Presentation

(No Exam)• Scheduled in Large Room• Helpful for Con Law II & Discrimination Courses• Offered Every Year to Upper Level Students• Upper Level Students in Room• Good Perspectives Course• Section G: Beware 4 Classes on Tues & Thurs

SUBSTANTIVE CRIMINAL LAW (JONES)

Elements of Crimes & Defenses • Final Exam• Scheduled in Largest Room• Intro/Prereq to Upper Level Crim Electives• Offered Every Semester for Upper Level• Upper Level Students in Room• Many Students Go Into Criminal Law, But

Comes Up in Every Area of Practice; Good Synergy with Crim. Pro.,

CHOOSING YOUR 1L ELECTIVE: LOGISTICS

• Registration Time & Significance

• Learn the Procedures

• Wait Lists & Add/Drop

CHOOSING YOUR 1L ELECTIVE:

QUESTIONS?

1922

1922: American Popular Music

• Carolina in the Morning

• Chicago• Do It Again• I’ll Build a Stairway to

Paradise• My Buddy

• Taint Nobody’s Business if I Do

• Toot, Toot, Tootsie• Way Down Yonder in

New Orleans

Louis Armstrong Goes to Chicago

1922: BIRTHS

• Bea Arthur • Helen Gurley Brown • Sid Caesar • Doris Day • Judy Garland • Redd Foxx • Boutros-Boutros Ghali• Jack Kerouac • Jack Klugman

• Christopher Lee• Charles Mingus• Leslie Nielsen• Yitchak Rabin • Jean-Pierre Rampal• Carl Reiner • Charles M. Schultz• Kurt Vonnegut• Betty White

1922: INTRODUCTIONS & DISCOVERIES

• 1st US Navy Aircraft Carrier • Better Homes & Gardens• British Broadcasting Co.• Campbell’s Soup• Dr. Doolittle• Eskimo Pie.• “Etiquette” by Emily Post • Hollywood Bowl• Insulin Treatment of

Diabetes • King Tut’s Tomb

• Lincoln Memorial Dedicated• 1st Microfilm Device • National Football League• Reader's Digest• Rin Tin Tin• Ulysses, by James Joyce• Vitamin D • The Waste Land by T.S. Eliot• Water Skiing• Yankee Stadium

Construction Begins

1922: WORLD EVENTS

• Ecuador & Egypt & Ireland Independence• Ottoman Empire Abolished• Japanese crown prince Hirohito appointed

prince-regent• Fascists take power in Italy, Mussolini

becomes Prime Minister• The Union of Soviet Socialist Republics

Formed; Joseph Stalin appointed General Secretary of the Soviet Communist Party

1922: WORLD EVENTS

• Germany’s Stock Market collapses in August

• Mark falls from 162/Dollar to 7000+/Dollar• The Weimar Republic announces its

inability to pay war reparations.• President Ebert declares "Deutschland

Über Alles" as German national anthem• Hitler speaks to 50,000 national-socialists

in Munich

1922: U.S.EVENTS

• Last horse-drawn fire equipment used in Brooklyn

• Henry Ford makes more than $264,000 per day; AP says he’s a billionaire

• Mah Jongg introduced in US; becomes a craze; by 1923; tile sets outselling even radios

1922: U.S.EVENTS (RADIO)

• Many New Radio Stations

• 1st Paid Radio Commercial

• 1st Radio in White House & 1st Presidential Broadcast

• 1st coast-to-coast radio broadcast of a football game

• 1st radio play by play of World Series (Giants over Yankees 4-0 with one tie)

1922: FedEral Baseball Club v. National LEAGUE

• U.S. Supreme Court holds Major League Baseball exempt from Federal Antitrust Laws (Still True)

• Justice Holmes’s Majority Opinion says the business of giving “exhibitions of base ball” is not interstate commerce, and so can only be regulated by the states.

1922: JUSTICE Holmes

• Born in 1841

• Fought in Civil War (Wounded at Antietam & Fredericksburg)

• Wrote The Common Law (1881)

• Appointed to US Supreme Court in 1902

• Would serve until death in 1932

1922: JUSTICE BRANDEIS

• Born in 1856

• Progressive Cause Lawyering (Brandeis Brief)

• Appointed to US Supreme Court in 1902

• Served until 1939; Died 1941

1922: JUSTICE BRANDEIS

Justice Douglas on Brandeis’s Nomination: “[T]he image of Brandeis, when [President] Wilson sent his name to the Senate … was one that frightened the Establishment. Brandeis was a militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He was dangerous because he was incorruptible. . . The fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court.”

HOLMES & BRANDEIS: SUCCESSORS

• Holmes (1902)

• Cardozo (1932)

• Frankfurter (1939)

• Goldberg (1962)

• Fortas (1965)

• Blackmun (1970)• Breyer (1994)

HOLMES & BRANDEIS: SUCCESSORS

• Holmes (1902)

• Cardozo (1932)

• Frankfurter (1939)

• Goldberg (1962)

• Fortas (1965)

• Blackmun (1970)• Breyer (1994)

• Brandeis (1916)

• Douglas (1939)

• Stevens (1975)

DQ100-01: Intro to Mahon

FEATURING NEONS:1. Gibbs, Rachael

2. Patel, Jayna

3. Mansoor, Roushani

4. Chung, Simo

5. Hackl, Derek

6. Wetterau, Jane

DQ100: Intro to Mahon

MY STANDARD SET OF Qs

• Government action at issue? • Purpose of the action?

• Limits placed on owners’ use of property?

• What uses still permissible?

• Harm to the owners?

DQ100: Intro to Mahon

• Government action at issue? – Kohler Act; can’t collapse surface when mining

• Purpose of the action? • Limits placed on owners’ use of property?

• What uses still permissible?

• Harm to the owners?

DQ100: Intro to Mahon

• Government action at issue? – Kohler Act; can’t collapse surface when mining

• Purpose of the action? – Prevent cave-ins; preserve city; safety – NOTE: Rational to believe will help safety &

welfare

• Limits placed on owners’ use of property?

• What uses still permissible?

• Harm to the owners?

DQ100: Intro to Mahon• Government action at issue?

– Kohler Act; can’t collapse surface when mining

• Purpose of the action? – Prevent cave-ins; preserve city; safety

• Limits on owners’ use of property? – Must mine as to leave surface up– Can’t mine some coal

• What uses still permissible? • Harm to the owners?

DQ100: Intro to Mahon• Government action at issue? Kohler Act• Purpose of the action? Prevent cave-ins• Limits? Leave surface up; can’t mine some coal

• What uses still permissible? – Mining rest of coal

• Harm to the owners? Hard to Answer– B/c of posture of case, no factual record– Opinions differ as to extent of harm

DQ100: Intro to Mahon• Government action at issue? Kohler Act• Purpose of the action? Prevent cave-ins• Limits? Leave surface up; can’t mine some coal • Still permissible? Mining rest of coal

• Harm to the owners according to Holmes?

DQ100: Intro to Mahon• Government action at issue? Kohler Act• Purpose of the action? Prevent cave-ins• Limits? Leave surface up; can’t mine some coal • Still permissible? Mining rest of coal

• Harm according to Holmes? – p.91 end 3d para. “warranted in assuming”

whole value gone.

• According to Brandeis?

DQ100: Intro to Mahon• Government action at issue? Kohler Act• Purpose of the action? Prevent cave-ins• Limits? Leave surface up; can’t mine some coal • Still permissible? Mining rest of coal

• Harm according to Holmes? – p.91 end 3d para. “warranted in assuming”

whole value gone.

• According to Brandeis?– mid p.93“for aught that appears the value of the

coal kept in place ... may be negligible”

DQ100: Mahon & Demsetz Takings Story

Decision:

Old Rule:

Externalities:

Changes Increased Externalities

Rule Change:

Losers under new rule claim unconst. interference with property rights

DQ100: Mahon & Demsetz Takings Story

Decision: Do mineral rights owners mine in a way that undermines surface?

Old Rule?:

Externalities:

Changes Increased Externalities

Rule Change:

Losers under new rule claim unconst. interference with property rights

DQ100: Mahon & Demsetz Takings Story

Decision: Do mineral rights owners mine in a way that undermines surface?

Old Rule?: Can undermine surface if own subsidence rights

Externalities: Tricky Issue

Changes Increased Externalities

Rule Change:

Losers under new rule claim unconst. interference with property rights

Mahon: Externalities & Contract Rights

• Direct harm to surface owners not external to decisions/activities of coal cos. – Paid for in advance– As if Hadacheck sold land around factory on

condition that they’d allow brickworks to continue despite dust, etc.

Mahon: Externalities & Contract Rights

• Direct harm to surface owners not external to decisions/activities of coal cos.

• Externalities beyond direct harm to surface owners?

Mahon: Externalities & Contract Rights

• Direct harm to surface owners not external to decisions/activities of coal cos.

• Possible externalities beyond direct harm to surface owners?:– Costs to society of dislocation & loss of surface

value (Katrina costs)– Loose parallel: Contract to infect person w

contagious disease to test treatment: voluntary to subject, not to others who might get

– Could do analysis like “Contract void as against public policy”

Mahon: Externalities & Contract Rights

• Direct harm to surface owners not external to decisions/activities of coal cos.

• Possible externalities beyond direct harm to surface owners

• Also may worry that K price may not reflect value to society even of harm to that land– Bargaining power issues– Present value of future losses 30-40 yrs out

(almost like lease for Os; harm falls after expected use)

DQ100: Mahon & Demsetz Takings Story

Decision: Undermine surface?

Old Rule?: OK if own subsidence rights

Externalities: Harm to non-parties/society (lost value/dislocation)

Changes Increased Externalities?Rule Change:

Losers under new rule claim unconst. interference with property rights

DQ100: Mahon & Demsetz Takings Story

Decision: Undermine surface?Old Rule?: OK if own subsidence rightsExternalities: Lost value/Dislocation

Changes Increased Externalities?Cities/towns more developed, so more lost

value/dislocationMore surface under contracts, so more lost

value/dislocationMines approaching populated areas, so harms

more imminentRule Change: Kohler ActLosers under new rule (coal cos.) claim

unconst. interference with property rights

DQ100: Mahon & Demsetz Takings Story

Reminder: Focus on Story Intended to Raise Question for You:

Under what circumstances should the landowner bear the burden where changing conditions make her formerly permitted use of land more harmful to society or make the harms more apparent?

DQ100: Mahon & Demsetz Takings Story

Holmes at end of opinion:

“The question at bottom is upon whom the loss of the changes desired should fall. …

DQ100: Mahon & Demsetz Takings Story

Holmes at end of opinion:

“The question at bottom is upon whom the loss of the changes desired should fall. So far as private persons or communities have seen fit to take the risk of acquiring only surface rights, we cannot see that the fact that their risk has become a danger warrants the giving to them greater rights than they bought.”

DQ100: Mahon & Demsetz Takings Story

“The question at bottom is upon whom the loss of the changes desired should fall. So far as private persons or communities have seen fit to take the risk of acquiring only surface rights, we cannot see that the fact that their risk has become a danger warrants the giving to them greater rights than they bought.”

Q for you for later:

Why is Hadacheck different?

DQ101: Facts of Mahon under Sax?

1. Gov’t as Arbiter or Enterpriser?

2. Preventing Spillover Effects?

DQ101: Facts of Mahon under Sax?

1. Gov’t as Arbiter or Enterpriser?– Difficulties w Arbiter …

• where gov’t itself is one side of dispute (see Holmes at p.91)

• where private parties have already contracted re subject of dispute

2. Preventing Spillover Effects?• See Externalities Analysis Above

DQ101: Facts of Mahon under Hadacheck?

• Purpose Arguments– Regulation OK if under Police Power?

– Reg. OK if Preventing Public Nuisance?

– Reg. OK if Protecting Health/Safety?

• Prior Use Can’t Stop Progress?

• Kelso: OK if Value Left? (HMS v. BDS)

• Other?