DQ10-11: First-in-Time

1
DQ10-11 First-in-Time

• Type of Rule.
• For Determining Property Rights in Unowned
  Property
• More Than One Possible First-in-Time Rule

2
DQ10-11 First-in-Time

• Type of Rule.
• For Determining Property Rights in Unowned
  Property
• Different From, e.g.,
• Most Deserving Gets
• Lottery (Winner Randomly Selected
• Auction (Highest Bidder Gets)
• More Than One Possible First-in-Time Rule

3
DQ10-11 First-in-Time

• Type of Rule
• More Than One Possible First-in-Time Rule
• Pierson opinions agree on First-in-Time
• Disagree on what has to be done first
• 1st Hot Pursuit v.
• 1st Something More

4
DQ10-11 First-in-Time

• Type of Rule
• More Than One Possible First-in-Time Rule
• Pierson opinions agree on First-in-Time
• Disagree on what has to be done first
• Possible Options After Majority Opinion
• First Physical Possession
• First Wound
• First Mortal Wound

5
DQ10-11 First-in-TimeLikely Winners Losers

• CAPTURING ANIMALS?

6
DQ10-11 First-in-TimeLikely Winners Losers

• PARKING AT LAW SCHOOL?

7
DQ10-11 First-in-TimeAlternatives

• CAPTURING ANIMALS?

8
DQ10-11 First-in-TimeAlternatives

• PARKING AT LAW SCHOOL?

9
Brief Return to DQ8

• What rule would you want if you were trying to
  preserve the fox population because foxes are
  commercially valuable?

10
Brief Return to DQ8

• What rule would you want if you were trying to
  preserve the fox population because foxes are
  commercially valuable?
• Well return to this question with Demsetz
  article next week.

11
Choosing Among Property Allocation Systems

• Relevant Considerations
• Administrative Costs
• Likely Winners Losers
• Effects on Participants Behavior

12
Choosing Among Property Allocation Systems

• Pros Cons of First-in-Time Rules
• Likely Benefits
• Often Reasonable Degree of Certainty
• Ease of Administration

13
Choosing Among Property Allocation Systems

• Pros Cons of First-in-Time Rules
• Likely Benefits
• Often Reasonable Degree of Certainty
• Ease of Administration
• Possible Problems
• Can Seem Arbitrary
• May Reward Undesirable Attributes

14
Choosing Among Property Allocation Systems

• Well Return to This Issue in Unit II

15
WHAT TO TAKE FROM PIERSON

• Intro to Info Found in/Relevant to Cases
• Some primarily to introduce you to system
• Some will be tools used regularly in course
• Anything you need to know, we come back to
  repeatedly

16
WHAT TO TAKE FROM PIERSON

• Intro to Info Found in/Relevant to Cases
• Context
• Language
• Social Policies
• Underlying Assumptions

17
WHAT TO TAKE FROM PIERSON

• Intro to Info Found in/Relevant to Cases
• Context
• History of Dispute Court Proceedings
• Prior Legal Authority
• Customs Other Social Institutions
• Historical Moment
• Language
• Social Policies
• Underlying Assumptions

18
WHAT TO TAKE FROM PIERSON

• Intro to Info Found in/Relevant to Cases
• Context
• Language
• Difficulty Discerning Precise Holding
• Rationales
• Social Policies
• Underlying Assumptions

19
WHAT TO TAKE FROM PIERSON

• Intro to Info Found in/Relevant to Cases
• Context
• Language
• Social Policies
• Reward Useful Labor
• Get Certainty (In Tension w Flexibility)
• Achieve Economic Benefits
• Underlying Assumptions

20
WHAT TO TAKE FROM PIERSON

• Intro to Info Found in/Relevant to Cases
• Context
• Language
• Social Policies
• Underlying Assumptions
• Irrelevance of Bad Intent
• Use of Some Form of First-in-Time

21
ANNOUNCEMENTS
NEON Panel

• LUNCH TOMORROW
• Meet _at_ 1205 on Bricks
• Caballero Collett Darville Goldstein Kapai
  Rosenberg Stone

• 1st Written Briefing Assignment Due Friday (Shaw)
• Follow Directions Carefully

22
GET A NON-ELECTRONIC LANDLINE PHONE
23
Transition Pierson ? Liesner

• Trying to Identify Magic Moment When Object
  Changes from Unowned to Someones Property

24
Transition Pierson ? Liesner

• Trying to Identify Magic Moment When Object
  Changes from Unowned to Property
• Fights Between 1st 2d Hunter
• If Object Unowned, no Q that 2d Hunter Wins
• Issue Had 1st Hunter Done Enough to Get Property
  Rights Before Intervention

25
Transition Pierson ? Liesner

• Trying to Identify Magic Moment When Object
  Changes from Unowned to Property
• Fights Between 1st 2d Hunter
• If Object Unowned, no Q that 2d Hunter Wins
• Issue Had 1st Hunter Done Enough to Get Property
  Rts Before Intervention
• Legal Rules Here Temporal Not Comparative

26
Transition Pierson ? Liesner

• Pierson Suggests Two Ways Besides Actual Physical
  Possession to get Property rights in Wild Animals

27
Transition Pierson ? Liesner

• Pierson Suggests Two Ways Besides Actual Physical
  Possession to get Property Rights in Wild
  Animals
• MORTAL WOUNDING (Liesner)
• NETS TRAPS (Shaw)

28
LIESNER CONTEXT1914
29
1914 DEATHS

• Joshua Lawrence Chamberlain (Civil War Hero)
• John Muir (Naturalist)
• Jacob Riis (Journalist/Author)
• 19th Century Industrialists
• CW Post (Grape Nuts Other Cereals)
• George Westinghouse (Railroad Brake and
  Electronics)
• Frederik Weyerhauser (Timber Paper)

30
1914 BIRTHS

• Alec Guiness
• Bert Parks
• Joe Louis
• Joe DiMaggio
• Ralph Ellison
• Howard K. Smith

31
1914 Introduced in US

• term Birth Control (coined by Margaret Sanger)
• First Blood Transfusion
• Doublemint chewing gum
• Elastic Brassiere
• Federal Trade Commission
• Co. that will become Greyhound Bus
• Mothers Day (by Congr. Resolution)

32
1914 Introduced in US

• New Republic Magazine
• Panama Canal
• Pygmalion by GB Shaw
• Rookie Pitcher Babe Ruth
• Tarzan of the Apes
• Teletype Machine
• Traffic Lights using red-green signals

33
1914 World War I

• Sept. 5 1st Battle of the Marne Begins
• NE of Paris, French 6th Army Attacks Germans ?
  Allied Victory

34
1914 World War I

• Sept. 5 1st Battle of the Marne Begins
• NE of Paris, French 6th Army Attacks Germans ?
  Allied Victory
• Two Million Soldiers Participate

35
1914 World War I

• Sept. 5 1st Battle of the Marne Begins
• NE of Paris, French 6th Army Attacks Germans ?
  Allied Victory
• Two Million Soldiers Participate
• 500,000 Killed or Wounded

36
1914 World War I

• Dec. 24-25 Christmas Truce

37
1914 World War I

• June 28 Archduke Francis-Ferdinand Assassinated
  in Sarajevo The Shot Heard Round the World

38
Liesner Brief HELIUM

• STATEMENT OF THE CASE
• Who is Suing Whom?

39
Liesner Brief HELIUM

• STATEMENT OF THE CASE
• Two hunters (Liesner and another) who mortally
  wounded a wolf sued a third hunter (Wanie) who
  subsequently shot and took the wolf
• SEEKING WHAT RELIEF?

40
Liesner Brief HELIUM

• STATEMENT OF THE CASE
• Two hunters (Liesner and another) who claim to
  have shot and mortally wounded a wolf sued a
  third hunter (Wanie) who subsequently shot and
  took the wolf
• SEEKING WHAT RELIEF?
• to recover the body of the wolf initially
  (damages raised later in case)

41
Liesner Brief HELIUM

• STATEMENT OF THE CASE
• Two hunters (Liesner and another) who claim to
  have shot and mortally wounded a wolf sued a
  third hunter (Wanie) who subsequently shot and
  took the wolf seeking to recover the body of the
  wolf.
• ON WHAT LEGAL THEORY? (UNSTATED)

42
Liesner Brief HELIUM

• ON WHAT LEGAL THEORY? (UNSTATED)
• might be Trespass or Trespass on the Case
• might be Replevin Common law action for
  return of goods improperly taken

43
Liesner Brief HELIUM

• PROCEDURAL POSTURE?

44
Liesner Brief HELIUM

• PROCEDURAL POSTURE?
• Trial court directed verdict for plaintiff and
  awarded damages. Defendant appealed.

45
Liesner Brief HELIUM

• FACTS (from TRIAL COURT)
• Ps mortally wounded animal, pursued
• Escape Improbable, if not impossible
• D then shot killed, took animal

46
KRYPTON DQ13 Application of Pierson to Facts of
Liesner

• ASSUME TRIAL COURT FACTS CORRECT
• Ps mortally wounded animal, pursued
• Escape Improbable, if not impossible
• D then shot killed, took animal
• WHY DO THIS?

47
Krypton DQ13 Application of Pierson to Facts of
Liesner

• ASSUME TRIAL COURT FACTS CORRECT
• Ps mortally wounded animal, pursued
• Escape Improbable, if not impossible
• D then shot killed, took animal
• APPLY LANGUAGE FROM PIERSON

48
Krypton DQ13 Application of Pierson to Facts of
Liesner

• ASSUME TRIAL COURT FACTS CORRECT
• Ps mortally wounded animal, pursued
• Escape Improbable, if not impossible
• D then shot killed, took animal
• APPLY POLICIES FROM PIERSON
• Reward Effective Labor

49
DISPOSITIVE MOTIONS Motions to end the
case.(Dispose of case ? Dispositive)
50
DIRECTED VERDICT

• Trial Court Rules That Insufficient Evidence to
  Meet Relevant Legal Standard Was Presented to the
  Jury

51
DIRECTED VERDICT

• Trial Court Rules That Insufficient Evidence to
  Meet Relevant Legal Standard Was Presented to the
  Jury
• Two Possible Grounds for Appeal
• Trial Court Applied Wrong Legal Standard
• Evidence Was Sufficient to Meet Legal Standard

52
DIRECTED VERDICT LIESNER

• Last Time D Conceded Relevant Legal Standards,
  So Must Be Claiming That Evidence Sufficient to
  Raise Jury Q

53
DIRECTED VERDICT LIESNER

• Unusual Case
• Directed Verdict for Plaintiff
• Trial Record appears to contain factual disputes
• Trial Court must have believed that undisputed
  evidence proved Ps case