Beethoven Violin Sonatas (Kreutzer & Spring)
Itzhak Perlman, Violin & Vladimir Ashkenazy, Piano
PERFORMANCES 1973-74
CHOOSING YOUR
1L ELECTIVE (@ 7:45)
SPRING 2011
•
•
•
•
SECTION C
Torts (Fenton) MTR 1112:20
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
The most important decision you
will make …
CHOOSING YOUR 1L
ELECTIVE
The most important decision you
will make on Tuesday.
CHOOSING YOUR 1L
ELECTIVE
The most important decision you
will make on Tuesday. 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)
• 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
CHOOSING YOUR 1L ELECTIVE:
QUESTIONS?
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 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
RETURN TO 7O
(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
Qs on 7O?
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 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
“At Common Law”
v.
“Today”
Default Estate
“At Common Law” v. “Today”
Life Estate
Must 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 Tail
eliminated;
state statutes provide
different results when
this language used
Doctrine of Destructability of
Contingent Remainders
“At Common Law” v. “Today”
Applied
everywhere
Eliminated in all
states 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
FIN