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CHOOSING YOUR 1L ELECTIVE (@ 7:45)

CHOOSING YOUR 1L ELECTIVE (@ 7:45). Beethoven Violin Sonatas (Kreutzer & Spring) Itzhak Perlman, Violin & Vladimir Ashkenazy, Piano PERFORMANCES 1973-74. SECTION 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

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CHOOSING YOUR 1L ELECTIVE (@ 7:45)

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  1. CHOOSING YOUR 1L ELECTIVE (@ 7:45) Beethoven Violin Sonatas (Kreutzer & Spring) Itzhak Perlman, Violin & Vladimir Ashkenazy, Piano PERFORMANCES 1973-74

  2. SECTION 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 SPRING 2011

  3. CHOOSING YOUR 1L ELECTIVE The most important decision you will make …

  4. CHOOSING YOUR 1L ELECTIVE The most important decision you will make on Tuesday.

  5. CHOOSING YOUR 1L ELECTIVE The most important decision you will make on Tuesday. Maybe.

  6. CHOOSING YOUR 1L ELECTIVE You are picking one course out of the 20 or so electives you will take in law school.

  7. CHOOSING YOUR 1L ELECTIVE You are not picking a spouse.

  8. CHOOSING YOUR 1L ELECTIVE

  9. 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: OPTIONS (LOTS)

  10. 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

  11. 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

  12. CHOOSING YOUR 1L ELECTIVE: METHOD OF EVALUATION ALL ON FINAL EXAM 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 • COMPARATIVE • FAMILY • FINANCIAL ACCTG • SUBST. CRIM.

  13. CHOOSING YOUR 1L ELECTIVE: SIZE OF CLASS (TENTATIVE) IN BIG ROOMS SMALLER CAPS COMPARATIVE (uncertain) ENVIRONMENTAL (25) HOUSING: (60) LEGISLATION: (35) PHILOSOPHY: (8-10) • ANALYSIS • CIV PRO II • FAMILY • FINANCIAL ACCTG • SUBST. CRIM.

  14. 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

  15. 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

  16. 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)

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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.

  27. CHOOSING YOUR 1L ELECTIVE: LOGISTICS • Registration Time & Significance • Check MyUM Before Registration Time • Learn the Procedures • Wait Lists & Add/Drop

  28. CHOOSING YOUR 1L ELECTIVE: QUESTIONS?

  29. 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?

  30. 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

  31. 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

  32. 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 Pencils

  33. 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

  34. RETURN TO 7O

  35. (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?

  36. (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)

  37. (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)

  38. (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

  39. (7O): 1st QUESTION • “To my wife Edith, for her use & benefit, so long as she remains unmarried.” • Some: E = Life Estate Determinable • A G ?

  40. REVIEW: DEFEASIBLE FINITE ESTATES Can create conditions cutting off finite estates, yielding, for example: Life EstateDeterminable Term of Yearson Condition Subsequent Life Estateon Executory Limitation

  41. 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)

  42. (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)

  43. (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

  44. (7O): 2d QUESTION: ARGUMENTS? • Is condition restraining second marriage void as against public policy?

  45. (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

  46. (7O): 2d QUESTION • Is condition restraining 2d marriage void as against public policy? Result: • If not void, nothing changes • If void, pencil out condition

  47. (7O): 2d QUESTION • If condition void, pencil out condition • “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

  48. (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?

  49. (7O): 2d QUESTION If condition void, pencil out condition: “To my wife Edith, for her use & benefit.” Majority: E = Fee Simple Absolute  Edith Dies?

  50. (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

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