JAZZ: The Story of America

1
JAZZ The Story of Americas Music (Disc 2
1929-1937)

• LEAD Place Kesler Brief Face Down on Front
  Table
• URANIUM KRYPTON Written Briefs for Taber
  Bartlett Due Friday Check New Briefing Form in
  Materials
• LUNCH THURSDAY BETZ BROOKS CUPRYS GALLO
  NAROTSKY OLSEN RAINES

2
MARIE CURIE Discoverer of Radium

3
DQ55 Describe Albers in terms of Demsetzs 1st
Theory (Radium)

• Decision Finders Choice Keep found animal v.
  Look for original owner (OO)

4
DQ55 Describe Albers in terms of Demsetzs 1st
Theory (Radium)

• Decision Finders Choice Keep found animal v.
  Look for original owner (OO)
• Old Rule?

5
DQ55 Describe Albers in terms of Demsetzs 1st
Theory (Radium)

• Decision Finders Choice Keep found animal v.
  Look for original owner (OO)
• Old Rule? Mullett/ Blackstone Rule
• Externalities? OO Losses (Investment Affection)
• Change in Circumstances?

6
DQ55 Describe Albers in terms of Demsetzs 1st
Theory (Radium)

• Decision Finders Choice Keep found animal v.
  Look for original owner (OO)
• Old Rule? Mullett/ Blackstone Rule
• Externalities? OO Losses
• Change in Circumstances? Development of Fox
  Breeding Farms
• Increase in Externalities?

7
DQ55 Describe Albers in terms of Demsetzs 1st
Theory (Radium)

• Decision Finders Choice Keep found animal v.
  Look for original owner (OO)
• Old Rule? Mullett/ Blackstone Rule
• Externalities? OO Losses
• Change in Circumstances? Fox Breeding Farms
• Increase in Externalities? OO losses greater may
  also affect state economy
• Change in Rule?

8
DQ55 Describe Albers in terms of Demsetzs 1st
Theory (Radium)

• Decision Finders Choice Keep found animal v.
  Look for original owner (OO)
• Old Rule? Mullett/ Blackstone Rule
• Externalities? OO Losses
• Change in Circumstances? Fox Breeding Farms
• Externalities ?? OO losses greater state economy
• Change in Rule? Court alters Mullett rule to
  provide more protection for fox farms

9
DQ55 Would Demsetz Approve Result in Albers?
(Radium)

10
DQ55 Would Demsetz Approve Result in Albers?
(Radium)

• Change in Albers creates stronger private
  property rights fewer valuable escaped animals
  returning to commons.
• Seems consistent with tendency toward more
  private property that Demsetz sees as positive
  because of reduced externalities over time.

11
Kesler DQs 56-58ALUMINUM

12
Kesler DQs 56-58ALUMINUM

• Statement of the Case
• Who Sued Whom?
• Kesler and the Davises sued Jones

13
Kesler DQs 56-58ALUMINUM

• Statement of the Case
• Kesler, presumably the owner of an escaped fox,
  and the Davises, its caretakers, sued Jones, who
  killed the fox to protect a neighbors chickens
  
• Cause of action? Remedy Requested?

14
Kesler DQs 56-58ALUMINUM

• Statement of the Case
• Kesler, presumably the owner of an escaped fox,
  and the Davises, its caretakers, sued Jones, who
  killed the fox to protect a neighbors chickens,
  requesting damages for unlawful killing of the
  fox and unlawful retention of its pelt.

15
Kesler DQs 56-58ALUMINUM

• 1st Issue?
• Did trial court err in entering judgment for
  defendant because

16
Kesler DQs 56-58ALUMINUM

• 1st Issue?
• Did trial court err in entering judgment for
  defendant because a person has no right to kill
  a fox escaped from captivity when asked by a
  neighbor to help protect the neighbors
  chickens, which the fox is attacking

17
Kesler DQs 56-58ALUMINUM

• DQ56 Both Albers and Kesler treat the question
  of the right to kill the fox as independent of
  the question of who owns it.
• If the plaintiffs owned the foxes, why is it
  legally acceptable for a third party to kill
  them?

18
SEVERABILITY OF PROPERTY RIGHTS

• Can have some rights w regard to an object
  without having all possible rights

19
SEVERABILITY OF PROPERTY RIGHTS

• Can have some rights w regard to an object
  without having all possible rights
• Common Examples
• Landlord-Tenant
• Ratione Soli
• Items Affected by Necessity

20
SEVERABILITY OF PROPERTY RIGHTS

• Can have some rights w regard to an object
  without having all possible rights
• Here, OK because acting (for Mrs. W) as a
  reasonably prudent person would, under reasonably
  apparent necessity, to protect own property
  (chickens)

21
DQ57 Factual Differences between Albers and
Kesler?

22
DQ57 Sample Factual Differences between Albers
and Kesler. Why Might They Matter?

1. Kesler finder/defendant is not expert
2. Kesler caretakers still in pursuit when fox
   killed
3. Kesler fox has no tattoo
4. Kesler takes place in Idaho, not Colorado

23
DQ58 Differences in Reasoning between Albers
and Kesler.

• Albers assumes the finder would win under the
  rule in Mullett, so it carves out an exception to
  that rule. How does Kesler deal with the Mullett
  rule?

24
DQ58 Differences in Reasoning between Albers
and Kesler.

• Kesler holds that the fox never returned to
  natural liberty where she had formerly escaped
  and been recaptured she had been out of her pen
  but a short time her owners were in pursuit
  and she was killed but a short distance from
  her pen.

25
DQ58 Differences in Reasoning between Albers
and Kesler.

• Note what Kesler says about Albers
• Stephens Co. v. Albers, a case squarely in
  point, supports the conclusion herein ....
• i.e., NOT the reasoning.

26
DQ58 Differences in Reasoning between Albers
and Kesler.

• Note quote from treatise
• But even where the inference that escaping wild
  beasts have animum revertendi could probably not
  be indulged in fairly, as where the wild animals
  of a menagerie escape from their owner's
  immediate possession, it is hardly to be expected
  that the courts would hold that they would
  therefore belong to the first person who should
  subject them to his dominion.

27
ANNOUNCEMENTS

• INFO MEMO 3 Online
• Assignment I Comments Models
• Manning Mullett Briefs Comments Models
• Assignment II DUE DATE CHANGE 10/23

28
ANNOUNCEMENTS

• INFO MEMO 3 Online
• INFO MEMO 4 Online Later Today
• Info on my midterm (coverage format office
  hours, etc.)
• General exam-taking tips
• Albers Kesler briefs

29
ANNOUNCEMENTS

• INFO MEMO 3 Online
• INFO MEMO 4 Online Later Today
• UNIT II Online
• Whaling Cases (Trial Court Brief Form)
• Oil Gas
• Working with Analogies
• Final Exam Q1 Q2