Law, Language and Values (Fall 2011)
Professor Dan Klerman

Review Class

Wednesday, December 7, 11-1, Rm 101.

Office Hours for Professor Klerman

10 minutes after each class in Room 103

Thursday, 11/17. 4:15-5

Monday, 11/21 4-5
Tuesday 11/29. 1:30-2:15
Friday 12/2 9:45-11:15
Tuesday 12/6. 3-5

Wednesday,12/7. 1-2

Contact Information for Teaching Assistant, Daniel Amato
Email: daniel.amato.2013@lawmail.usc.edu

Office Hours for Teaching Assistant, Daniel Amato

Tuesday Nov 29, 1:25 PM - 2:40 PM

Wednesday Dec 07, 12:00 PM - 2:00 PM

Model Answers
To access the model answers, log onto the portal and click on “Secure Documents.” To access the model answers, you will need a password. It’s the same password you use to access the portal or to check your USC email. These are answers that I have written myself. Model answers will be posted after all question have been discussed in class.

Audio Recordings
Audio recordings of every class are available on the Portal. Audio recordings will be posted soon after the relevant class has ended.

Limited Circulation of Class Materials
       Class materials, including PowerPoint Slides, model answers, and audio recordings, are for use by 2011 LL&V students only. You may not share them with future LL&V students or anyone else. Doing so would be a violation of both USC Law School rules and copyright law. The purpose of this policy is to preserve my ability to ask some in-class questions in future classes. If PowerPoint Slides, audio recordings, or other class materials are shared with next year's class, students with access to those materials will have an unfair advantage and will be deprived of the benefit of working out the answers themselves.

Contact Information for Professor Klerman
Email: dklerman@law.usc.edu
Phone: (213) 740-7973
Fax: (213) 740-5502
Office: Room 460
Mailbox: Room 305
Assistant: Chris Schnieders, cschnieders@law.usc.edu, Rm. 407. 213 740-5714

Class Schedule and Materials
 Please note canceled classes. The dates of canceled classes are highlighted in gray. I can cancel classses without scheduing make-ups, because we are scheduled to meet for 130 minutes per week rather than the required 100 minutes per week.

 

Class # Date Readings Writing Slides Other
1 Th 8/26 1-4. Smith None LLV01  
2 F 8/27

5-8. Garrett

Exercise 12. Warden Grim

2

1

 LLV02  
3 Th 9/1 9-10. Weber 3 LLV03  
4 F 9/2

11-12. National Society

Exercise 4. Flower

1

4

 LLV04  
5 Th 9/8 13-14. Zuni 2 LLV05  
6 F 9/9 Exercise 5. Diamond 3 LLV06  
7 Th 9/15 28-36. Common Law Cases 1 LLV07  
8 F 9/16 37-38. MacPherson 3 LLV08  
9 Th 9/22 97-100. Dworkin 4 LLV09  
10 F 9/23

101, 103. Scalia

Ex. 3. Jones

 2 LLV10  
  Th 9/29 Class canceled      
  F 9/30 Class canceled      
  Th 10/6 Class canceled      
11 F 10/7 40-42. Cost-Benfit Analysis I 4 LLV11  
12 Th 10/13 43-52. Cost-Benefit Analysis II, Externalities 1 LLV12  
13 F 10/14 53-55. Coase Theorem 2 LLV13  
14 Th 10/20 Review 53-55 Coase Theorem.  No new assignment      
15 F 10/21 56-57. Sarnoff 3 LLV14  
16 Th 10/27

58-59. Information

Ex. 14. Cleaner Skies

 

1 & 4

 LLV15  
17 F 10/28 60-61. Gilson 2 LLV16  
  Th 11/3 Class canceled      
  F 11/4 Class canceled      
18 Th 11/10 61-66, 69-70. Rights and Ordinary Understanding

3

 LLV17  
19 F 11/11 75-87. Utility, Natural Rights, and Fairness 4 LLV18  
20 Th 11/17 94-96. Bushey 1 LLV19  
21 F 11/18

106-111. Identity

Exercise 11 (To Have Once Been a Beetle)

3

2,4

 LLV20  
  Th 11/24 Thanksgiving break.  All classes canceled      
  F 11/25 Thanksgiving break.  All classes canceled      
  Th 12/1 Class Canceled      
  F 12/2 Class Canceled      
22 W 12/7 Review. Exericse 10 (Los Paisanos)      

 

Writing Assignment Grades

Grading System
          0 -- Paper not turned in or not received by 1:20 PM
          1 -- Paper shows inadequate effort
          2 -- Good
          3 -- Outstanding
          * -- Late paper (e.g. received between 1PM and 1:20 PM)
           E -- Excused. Paper not received, but for reason accepted by Prof. Klerman. Other assignment turned in as substitute on another day.

Writing Group 1

 

web #

8/26

 
8/26 G
8/26 WG

9/1

 
9/2 N
9/2 F

9/8

Z

9/9

D

9/15

CL

9/16

M

9/22

 

9/23

J

10/7

 

10/13

 

10/14

 

10/21

 

10/27

 

10/28

 

11/10

 

11/11

 

11/17

 

11/18

 
1
2
2
2
2
2
2
0
2
2
3
2
3
3
3
2
0
3
2
2
2
2
1
2
4
2
2
2
2
2
2
2
2
5
2
2
2
2
2
2
2
2
6
2
2
2
2
2
2
0
2
7
2
2
2
2
2
2
2
2
8
2
2
2
2
2
2
0
2
9
0
2
2
2
2
2
2
2
Mandatory?
N
N
Y
N
Y
N
N
N
Y
N
N
N
N
Y
N
N
Y
N
N
N
Y
N

 

Writing Group 2

web #

8/26

 
8/26 G
8/26 WG

9/1

 
9/2 N
9/2 F

9/8

Z

9/9

D

9/15

CL

9/16

M

9/22

9/23

J

10/7

 

10/13

 

10/14

 

10/21

 

10/27

 

10/28

 

11/10

 

11/11

 

11/17

 

11/18

 
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
3
2
3
3
3
2
2
2
0
4
2
3
2
3
2
3
2
2
2
2
0
5
2
2
2
0
2
2
6
2
2
2
0
2
2
7
2
2
2
2
2
2
2
2
8
2
*2
E
2
2
2
2
2
9
2
2
2
2
2
2
0
Mandatory?
N
Y
N
N
N
N
Y
N
N
N
N
Y
N
N
Y
N
N
Y
N
N
N
Y

 

Writing Group 3

web #

8/26

 
8/26 G
8/26 WG

9/1

 
9/2 N
9/2 F

9/8

Z

9/9

D

9/15

CL

9/16

M

9/22

 

9/23

J

10/7

 

10/13

 

10/14

 

10/21

 

10/27

 

10/28

 

11/10

 

11/11

 

11/17

 

11/18

 
1
2
2
2
2
2
2
0
2
2
2
2
2
2
2
3
2
2
2
2
2
3
2
2
0
4
2
2
2
2
2
2
1
2
2
2
2
2
2
2
2
2
5
3
2
2
0
2
2
2
6
2
2
2
2
2
2
2
7
2
2
2
2
2
0
8
2
3
2
2
2
2
3
2
0
Mandatory?
N
N
N
Y
N
N
N
Y
N
Y
N
N
N
N
N
Y
N
N
Y
N
N
Y

 

Writing Group 4

web #

8/26

 
8/26 G
8/26 WG

9/1

 
9/2 N
9/2 F

9/8

Z

9/9

D

9/15

CL

9/16

M

9/22

 

9/23

J

10/7

 

10/13

 

10/14

 

10/21

 

10/27

 

10/28

 

11/10

 

11/11

 

11/17

 

11/18

 
1
2
2
2
2
2
2
2
2
2
2
2
2
3
2
2
2
2
2
2
0
3
2
2
2
2
2
2
4
2
2
2
2
2
2
2
2
5
*2
2
2
0
2
2
2
6
2
2
2
2
2
2
2
2
2
2
2
7
3
2
2
2
2
2
0
8
2
2
2
2
2
0
Mandatory?
N
N
N
N
N
Y
N
N
N
N
Y
N
Y
N
N
N
Y
N
N
Y
N
Y

 

Writing Groups

Writing Group 1:

Abernathy, Margaret, A.
Bautista, Anthony, C.
Cary, Hannah, C
Garofalo, Andrew, R.
King, Grace, E.
McSweeney, Christine, M.
Rayco, Katrina, C.
Smith, MacKenzie, C.
Zelus, Andrew, J.

Writing Group 2
Arbel, Gil, L.
Boland, Mary, B.
Casella, Frank Gregory
Gordon, Shaun, A
Lensky, Dimitry
Oranburg, Scott
Rezabek, Rachael, A.
Traina, Lauren, A.
Zonne, Melissa, K.

Writing Group 3
Baker, Mera, M.
Bradlow, Rebecca, W.
Chen, Jessica, J.
Jew, Christopher, C.
Matson, Andrew, P.
Peer, David, M.
Richmond, Jared, K.
Waller, Graeme

Writing Group 4
Batter, Kyle, K.
Carter, Julia, A.
Delilly, Lauren, M.
Kang, Minku
McLean, Meghan, M.
Ramos, Christopher, Rene
Simpson, Blakeley, R.
Zarea, Farrah


Lunches
         I will be organizing lunches with small groups. Sign-up sheets will be availble in class. Lunches are on the 4th floor outdoor patio. The door to the roof patio is between rooms 433 and 434. Discussion need not be limited to law, language or values. In fact, I hope it's not. To preserve an informal atmosphere, I will limit lunch to 7 students. Please bring your lunch or purchase it before 12:20.

Hike
        To help us get to know each other, I will be organizing a short hike followed by a reception at my house on September 10.  The hike will start at 11AM.  It is a shady canyon trail starting from the George F. Canyon Nature Center, 27304 Palos Verdes Drive East, Rolling Hills Estates CA 90274. The hike is easy and takes about 45 minutes.  The trailhead is about a half an hour drive from the Law School, and my house is less than 10 minutes away from the trailhead. Carpooling is strongly encouraged. Spouses and significant others welcome.  My wife, Lisa, and kids, Jerry and Alex, will join the hike.  Details here.

Writing Assignments
         I plan to assign short writing assignments for each class. These assignments serve two very important functions. (1) Writing helps you think more clearly. (2) These writing assignments are good practice for exams. There will be six mandatory writing assignments for each person in the class, which is roughly one writing assignment every other week. See the "Writing Groups" below to find out what group you are in and consult the "Writing" column of the "Class Schedule and Materials" chart below to determine which writing group is responsible for which writing assignments. These writing assignments will be short (2-3 pages), and I don't expect polished prose. I just want to ensure that you are thinking carefully about the issues. Writing assignments need to be submitted in Microsoft Word format by email to daniel.amato.2013@lawmail.usc.edu by 1PM of the day they are due.  You may discuss the questions with classmates (and, indeed, I encourage you to do so), but you must write up your answers independently. You may not consult persons who have taken LL&V before. You may not research any of the assignments. You must do them solely by consulting class materials. The only other source you may consult is a legal dictionary or regular dictionary. You may not consult any materials prepared by me for a prior year's class nor any materials prepared by former LL&V students. At the bottom of each assignment, please type, "I have not consulted any materials other than those assigned for this class and a dictionary. I give my consent to post this document anonymously to the class website as a model answer." If you do not consent, please do not include the last sentence. Writing assignments will be read and commented on by the class TA. He will also pass along to me papers which he thinks either (a) do not show adequate effort or (b) show outstanding understanding of the materials. Grades of those who, in my opinion, submit papers not showing adequate effort may be decreased, while grades of those who, in my opinion, submit outstanding papers may be increased. You may skip one writing assignment in the term without permission or making it up. If you miss more than one, you will need to consult me about how to make it up. You are encouraged to complete writing assignments even if they are not mandatory for your writing group, because you will learn by writing out the answers and from the feedback the TA provides.  If you turn in writing assignments which are not required for your writing group, you will get a small amount of extra credit.

 

Laptops
          Laptops, iPads, cellphones and simlar devices may not be used during class for notes or other purposes.  While in class, you should focus on thinking, not note taking. To make most note taking unnecessary, I will distribute my PowerPoint slides and post an audio recording of each class.

Attendance

          Because I will be posting an audio recording of each class, as well as my PowerPoint Slides, it will be very tempting to skip class. To counteract that temptation, class attendance is mandatory.  If you are going to miss a class, please e-mail my assistant, Chris Schnieders, cschnieders@law.usc.edu.  It is better for everyone if I do not call on someone who is absent.

Class Participation
          Participation in class discussion is an essential part of the learning process, because it helps you get more comfortable with public speaking and thinking on your feet, and because lisenting carefully to answers provided by fellow students helps you see things from different perspectives. I will call on students randomly, whether they volunteer to answer a particular question or not. I will sometimes ask for volunteers.  If you are unprepared for class, please e-mail my assistant, Chris Schnieders, cschnieders@law.usc.edu.  It is better for everyone if I do not call on someone who is unprepared.  I do not intend to grade participation, because 1Ls are usually exceptionally well prepared for class and eager to participate. If this year's class is different, I reserve the right to grade participation. If I start grading participation, I will make an announcement in class, and the grading of class participation will not be retroactive.