Transcript LLV23 - USC Gould School of Law

Agenda for 23rd Class
• Review of Rules & Standards
• DDDA
Administrative Stuff
• Slide Handouts
• Review Class
– M 12/14. 10AM-12PM. Rm 3
• No other classes, except Review Class
• No TA office hours after this week
• Prof. Klerman office hours for rest of semester
– T 11/24. 1-2PM
– M 12/2. 3:30-4:30PM
– W 12/2. 3:30-4:30PM
– Th 12/3. 3:30-4:30PM
– M 12/14. noon-5PM
Assignment for Review Class
• Exercise 15. In re Akers-Baker Transfer (pp. 544ff)
– No writing assignment (mandatory or optional). TAs need to study
1
Study Tools
• Portal: My Applications (left panel): Secure Documents
– Model answers to all writing assignments
• Portal: My Applications (left panel): Recorded Classes
– Recordings for all classes
• www.klerman.com, LL&V button
– Slides for all classes
2
Exam Multiple Choice Challenges
• At your discretion you may (in a Blue Book or in SofTest or
however you are writing Part II of the exam), make a written
appeal with respect to any two of the questions on the multiple
choice exam that you feel are ambiguous or unfair. If you make
more than two written appeals, I will ignore all but the first two.
If you make a challenge to a question, be sure to state in
your challenge which answer you marked on the computer
sheet, which other answers you think are plausible and
why.
3
Review of Rules & Standards
• Rules
– Easier to apply, predict, and for judge to grant SJ
– Cheaper to litigate
– Harder to draft
– Easier to evade
– Mismatch between rule and underlying policies
• Standards
– Harder to apply, predict, grant SJ
– More expensive to litigate
– Easier to draft
– Harder to evade
– Tighter fit between standard and underlying policies
• Rules & standards are continuum
• Rules can be pro-plaintiff or pro-defendant
– Ditto for standards
• Realists tended to prefer standards
– But some backlash
4
Drug Discovery & Distribution Act
5
Summing Up
• Goal is to provide tools that can use in all classes
• 2 main themes – Interpretation & normative analysis
– Interpretation
• How to interpret statutes
– Will be especially useful in BusOrg, Tax, Administrative Law, and
other
• How to interpret cases & how common law evolves
– Useful in all classes
– Normative reasoning
• Economic analysis
– Cost-benefit analysis, externalities, Coase Theorem, Information
– Should be useful in all classes, especially Property
• Ordinary Understanding; Rights; Fairness
– Should be useful in all classes
– Integrating interpretation & normative analysis
• Useful in all classes
• Legal Theory
– Dworkin, Realism, Rules & Standards
6
– Useful in many classes, e.g. understanding Civ Pro – Erie, Intl Shoe