B1 LUNCH TODAY: MEET ON BRICKS @ 12:05 Caraker; Kaye; Lafalce; Marti; Newbold; Suarez; Walker

MUSIC: BRAHMSCello Sonatas (1862, 1886)Mstislav Rostropovich, Cello

Rudolph Serkin, PianoRecording: 1983

B1 LUNCH TODAY: MEET ON BRICKS @ 12:05

Caraker; Kaye; Lafalce; Marti; Newbold; Suarez; Walker

LOGISTICS: CLASS #13• B1: If you need to miss class on Wed 9/26 for

Yom Kippur, you may come to B2 session on Thurs 9/27.– To get attendance credit, if you intend to do this,

please notify my assistant by Tuesday 9/25.

LOGISTICS: CLASS #13• ALL: Assignment #1 Due Mon 9/24 @ 9pm

• Today = Last Chance for Qs• Double-check all instructions before finalizing

• Briefs Due Before Fall Break:• KRYPTON: Albers Brief Due Thu 9/27 @ 9pm• URANIUM: Kesler Brief Due Sun 9/30 @ 4pm• RADIUM: Taber Brief Due Sun 9/30 @ 4pm

• Use briefing form for trial court cases available next week• Shaw Briefs Available Monday from Letty Tejeda

The Rhythm of the First Year

Same at Every School Where I’ve Taught

The Rhythm of the First Year

Three Typical Low Points:1. Mid-September2. Mid-October3. Mid-November

The Rhythm of the First Year:The Mid-September Crisis

You Have Never in Your Life Worked So Hard for a Whole Month Without Feeling on

Top of Things!!!Common to Start to Worry

That …


I’m the Stupidest Person Here & They Let Me In By Mistake


KEEP IN MIND:• We’ve Already Discussed:

– You’re Learning New Language by Immersion


KEEP IN MIND:• We’ve Already Discussed:

– You’re Learning New Language by Immersion– Perception of “Hard” v. “Easy” Questions


KEEP IN MIND:• Learning New Language by Immersion• Perception of “Hard” v. “Easy” Questions• Nature of Socratic Method: Profs Control Discussion & Decide What’s “Relevant”


KEEP IN MIND:• Analogy to “Calisthenics”: You Are

Starting to Use New Muscles, So You’ll Be a Little Sore


KEEP IN MIND:• Analogy to “Calisthenics”:

• Second Year Students (No Secret 1L Graveyard)


KEEP IN MIND:• Analogy to “Calisthenics”:

• Second Year Students

• Almost All of You will be Worried About Something Else in Mid-October

MINING the

MEANING of

MANNING

Mining Manning ‘s Meaning:DQ45: OXYGEN

E-Mail Holding to Me by 5pm SaturdayFor Amy:

•Brooks, Brittany (B1)•Cooper, Josh (B1)•Kaye, Joey (B1)•Deleon, Blair (B2)•Ford, Luke (B2)•Holmes, Jordan (B2)

For Brandon: •Lafalce, Nicholas (B1)•Newbold, Sean (B1)•Suarez, Milvia (B1)•Lasoff, Sean (B2)•Revah, Phil (B2)•Vaal, Joshua (B2)

Mining Manning ‘s Meaning:DQ42: RADIUM

The law of Georgia is, that to have property in animals, birds and fishes which are wild by nature, one must have them within his actual possession, custody or control, and this he may do by taming, domesticating, or confining them. •Could simply go to 1st possession and mean that Mitcherson owned bird prior to escape.•Could mean, “Once tamed, yours forever”, BUT structure of opinion suggests otherwise

Mining Manning ‘s Meaning:DQ42 & POSSIBLE DOCTRINAL

RATIONALETo have property in animals ferae naturae, “one must have them within his actual possession, custody or control, and this he may do by taming, domesticating, or confining them.” The court found this test met here, explicitly by “taming” and presumably also by “confining”, so that the plaintiff had a property right in the bird. The court then indicated that this right not would be lost by escape on the facts here.


The law of Georgia is, that to have property in animals, birds and fishes which are wild by nature, one must have them within his actual possession, custody or control, and this he may do by taming, domesticating, or confining them. •Interesting Dahl idea that OO retains ownership if sufficient evidence remains of taming, domesticating or confining. (Can Finder tell? Maybe play with going forward)


To say that if one has a canary bird, mocking bird, parrot, or any other bird so kept and it should accidentally escape from its cage to the street, or to a neighboring house, that the first person who caught it would be its owner, is wholly at variance with our views of right and justice. (p.38 last para.)

For Sweet, not an accident! Court probably means owner did not deliberately allow bird to fly free


To say that if one has a canary bird, mocking bird, parrot, or any other bird so kept and it should accidentally escape from its cage to the street, or to a neighboring house, that the first person who caught it would be its owner, is wholly at variance with our views of right and justice.

Likely true here; if so, why relevant?



• Likely true here; if so, why relevant?– Only a short distance from point of escape?– Not returned to natural habitat/liberty?

(although court doesn’t use this language)

Manning v. Mitcherson:Might add Distance to

HOLDING: The original owner retains property rights in an

escaped [animal ferae naturae] [that had distinctive crest][that responded to its name] [that had escaped and returned once before] [that had been owned for two years][that had been missing for only five days][that OO located day after it was found] [that only traveled a short distance after escape]



WHY?This is unsupported rhetoric. You need to

do better.More explanation = More Persuasive =

More Points


To say that if one has a canary bird, mocking bird, parrot, or any other bird so kept and it should accidentally escape from its cage to the street, or to a neighboring house, that the first person who caught it would be its owner, is wholly at variance with our views of right and justice. WHY?•MAYBE: Unfair to OO; too close in time and distance to lose rights (protect emotional & material investment)•MAYBE: Finder should know that there is prior OO, so shouldn’t keep it•MAYBE BOTH•PLAUSIBLE ADDITIONAL ARGUMENT (Grabel): Court is concerned that OO not have to over-invest in confinement in order to maintain ownership.


To hold that the traveling organist with his attendant monkey, if it should slip its collar, and go at will out of his immediate possession and control, and be captured by another person, that he would be the true owner and the organist lose all claim to it, is hardly to be expected; or that the wild animals of a menagerie, should they escape from their owner's immediate possession, would belong to the first person who should subject them to his dominion. (p.38 last para.)

WHAT IS MENAGERIE?


Animals Referenced in Last Paragraph:•Wild Animals in a Menagerie (= Zoo)•Organ Grinder’s Monkey

Why These Animals?


Why Animals Referenced in Last Paragraph:– Wild Animals in a Menagerie (= Zoo)– Organ Grinder’s Monkey

• MAYBE: Valuable (but canary much less $$$) • MAYBE: F should know there’s prior owner• Again inconsistent with simply relying on “tamed”

Mining Manning ‘s Meaning:DQ44 & POSSIBLE POLICY

RATIONALESBased in Labor/Investment

The court stated that it would be unjust to allow the finder to keep a pet bird that escaped to the street. It compared the case to an escaped organ grinder’s monkey and to wild animals escaping from a menagerie. These analogies suggest that it might be trying to protect the original owner’s investment in training and purchasing the animal.


RATIONALESBased in Notice to Finder

The court stated that it would be unjust to allow the finder to keep a pet bird that escaped to the street. It compared the case to an escaped organ grinder’s monkey and to wild animals escaping from a menagerie. These analogies suggest that it might believe that the finders of all these animals ought to know that they have a prior owner, and so should return them.


RATIONALES

Other Possible Policy Rationales?


To hold that the traveling organist with his attendant monkey, if it should slip its collar, and go at will out of his immediate possession and control, and be captured by another person, that he would be the true owner and the organist lose all claim to it, is hardly to be expected; or that the wild animals of a menagerie, should they escape from their owner's immediate possession, would belong to the first person who should subject them to his dominion.

• Again looks like short time/distance relevant.

Mining Manning ‘s Meaning:Plausible Factors

• Taming (or Other Investment in Animal)

• Marking (or F Likely Aware of OO)

• Emotional Bond• Short Time/Distance from Escape

OXYGEN DQ45: Applying Manning ‘s Factors to Facts of

Mullett• Taming (or Other Investment in Animal)

• Marking (or F Likely Aware of OO)

• Emotional Bond• Short Time/Distance from Escape


Mullett• Taming (or Other Investment in Animal)• Evidence Here?


Mullett• Taming (or Other Investment in Animal)• Evidence Here

• No Evidence of Taming/Training• Probably Significant $$$ Investment (Cross-

Country Travel)• Factor Help OO Under Manning?


Mullett• Taming (or Other Investment in Animal)• Evidence Here

• No Evidence of Taming/Training• Probably Significant $$$ Investment

• Factor Help OO Under Manning?• Not Tamed• Unclear How Much $$$ Investment Helps

(Maybe b/c of Menagerie Animals)


Mullett• Marking (or F Likely Aware of OO)• Evidence Here?


Mullett• Marking (or F Likely Aware of OO)• Evidence Here

– “Blemishes” (Scarsides)– Maybe F Should Know b/c in Atlantic (Save

for Discussion of Natural Liberty)• Blemishes as Marks Help OO Under

Manning?


Mullett• Marking (or F Likely Aware of OO)• Evidence Here: “Blemishes” • Blemishes Help OO Under Manning?

– Useful to I.D. Animal– Probably Don’t Tell F There’s a Prior Claim


Mullett• Emotional Bond: No Evidence at

All

“He stuck me on this stupid island and he doesn’t call, he doesn’t write ….”


Mullett• Short Time/Distance from Escape• Evidence Here

• Escape “a few days” after OO regained animal• Captured by F ~2 Weeks After Escape• Captured by F 70 Miles from “Home”• OO discovers animal about 1 year later

• Factor Help OO Under Manning?

B1 LUNCH TODAY: MEET ON BRICKS @ 12:05 Caraker; Kaye; Lafalce; Marti; Newbold; Suarez; Walker

Documents

Transcript of B1 LUNCH TODAY: MEET ON BRICKS @ 12:05 Caraker; Kaye; Lafalce; Marti; Newbold; Suarez; Walker