Economics 495: Fall 2007: Senior Seminar in Law and Economics
Course web address: http://www.whitney.oxy.edu/classes/ec495

Readings and materials: Each of the following is required for the course:

• Friedman, David. Law's Order. Princeton, NJ: Princeton University Press, 2000.
  Available both in hard copy and online <http://www.daviddfriedman.com/laws_order/index.shtml>
• Posner, Richard. Economic Analysis of Law, 7th ed. New York: Aspen Publishers, 2007.
• A package of  3''x5" cards --be sure to bring some to each class.

Other course readings, including court cases, are available online. You will need to enter the following information to access some of these readings:
    User name: _______________     Password: _______________
For others, you will need your Occidental College library access information. Tip: JSTOR's pdf files are typically easier to read if you select the 'Download' option rather than trying to read them screen-by-screen online.

Assignments: Assignment due dates will be listed in the course schedule as the term progresses. You must conscientiously complete all course assignments in order to pass the course. For collaborative assignments, you turn in an individual copy and your team turns in a joint copy. All short assignments must be turned in on time in order to receive credit for them. A late research paper receives a penalty of 1/3 grade level per day. For example, a B+ paper one day late would receive a final grade of B. Weekends count two grade levels, so a B+ paper due Friday which is turned in on Monday would receive a final grade of B-. No papers will be accepted after the last scheduled day of final exams.
    Note that Exam 1 is scheduled for Thursday, Oct.11, 5:00-7:30 PM. Please be sure to record this in your calendar. You must contact me by the end of the first full week of classes about any potential conflict that you might have so that we can make arrangements for you to take the exam before the scheduled exam time.

Attendance: Attendance is a crucial part of your overall course performance, since your classmates and the members of your legal team depend on your participation. Treat the class the way you would treat a job. You are allowed one "personal leave" day, but you may not use it to miss a class in which a team you are on is scheduled to present material. You must contact me before class, preferably by email, to be eligible for your personal leave day or for an excused absence, which may be granted for medical or family emergencies. In addition to the regular reduction in your participation grade that results from missing class, each unexcused absence in excess of your personal leave day will lower your course grade by 1/6th of a letter grade. So, for example, if you have two such absences, a final grade of 3.0 (B) will be reduced to a 2.7 (B-).

Participation: Your participation grade depends on (1) your individual in-class participation throughout the course, including  presentation and discussion of research papers at the end of the semester; and (2) the contributions you make as a member of small groups. Similar to law school, when we cover cases, I will make cold calls about the facts and legal opinions of the case. Never hesitate to ask questions--participation includes questions as well as comments. Consider questions that you or classmates might ask in the context of how to make something we are covering clear to outsiders, such as possible jurors, the media or the general public. Your participation in small groups will occur primarily in the context of randomly assigned legal teams in which you conduct mock trials of real-world cases and role-play as judges or as attorneys for plaintiffs or defendants. For this aspect of your performance, each of you will rate and be rated by your classmates in a double-blind evaluation process at the end of the course.

Co-curricular activities: If you participate in a co-curricular activity--such as athletics or performing arts--that you believe might cause a conflict with any aspect of the class, then you must ensure that I receive (1) a schedule of events and (2) a schedule of all time commitments related to your activity for a typical week. Three acceptable options include: (1) email me the schedules yourself, with a CC to your activity coach/instructor (2) have your activity coach/instructor email me the schedules; or (3) email me a link to posted online schedules. The deadline for this information is the end of the first full week of classes.

Learning disabilities: In cooperation with the Center for Academic Excellence (CAE), I am happy to make recommended accommodations for students with learning disabilities which might pertain to any course requirement. If this is relevant to your situation, please drop by to discuss it with me so we can work out the details.
    Please note that students with documented disabilities who are registered with Disability Services are required to present their accommodation verification card to the instructor at the beginning of each semester or as soon as possible thereafter. Students who experience significant physical or mental impairments can contact Disability Services at (323) 259-2969 to learn about available services and support.

Academic Honesty: Intellectual honesty is essential to the academic enterprise. Occidental College assumes that students and faculty will accept and respect the principle of academic honesty. Fundamental to academic honesty is a spirit of honor. A spirit of honor thrives when students challenge each other to attain the highest levels of scholarship and civility, report infractions, and participate in an academic disciplinary hearing if required. Examples of unacceptable conduct include cheating and plagiarism. While I don’t anticipate any difficulties, if this or similar misconduct occurs, it will be met with disciplinary action. Please see the student handbook for more details. Here is the link to the website which covers Occidental's policy on academic honesty: http://www.oxy.edu/student-handbook/academic-ethics/academic-ethics

A Note on Comprehensives in the Department of Economics [Since there is always some confusion about "comprehensives," here is a brief but unofficial summary. For specifics, please refer to the information officially distributed by the Economics Department.]

In Economics, comprehensives consist of taking Econ.495 (or 490) and the Major Field Achievement Test( MFAT) in economics. The MFAT will be administered here on campus on a Saturday early in the Spring semester. You'll hear later from the Economics Department about the content of this national test produced by ETS, when the test will be, and how to sign up and study for it. Your MFAT score will be reported back to us about six weeks after you take the test, and we'll convert your score into a letter grade by comparing it to your score's national percentile.

Your Comprehensives grade is either "Pass with Distinction", "Pass", or "Needs More Information", and will be based on your grades in Economics 495 (or 490) and your "grade" on the MFAT. To receive a "Pass", you need to get a C or better on both parts. To receive a "Pass with Distinction", you normally need to get at least an A- on both parts. If your grade on either part of the comprehensives is a C- or lower, you will have to take and pass an additional test in order to graduate in the Spring. This test, consisting of four or five problems with several parts, is similar to the type of exams given at Oxy, and will be given in April. If you have any additional questions please see your advisor or me.

How to prepare for case discussions: Much of class discussion, and nearly all of the cold calling, will relate to the over 60 court cases we will cover during the semester. Often, you might be required to turn in a written "legal brief" tailored to the course in advance of class discussion. Even when you're not required to do that, you might find it helpful to fill in the brief template form available online or to at least jot down as many as you can of the items included in the basic brief template:

1. Case identification: name, citation, date, court of record
2. Case tag: a label or phrase that can help you recall the case
3. Trial court litigants: plaintiff, defendant (the original litigants, prior to any appeals)
4. Facts of the case: leading up to the case
5. Procedural history: complaint filed, remedy sought (and for appellate cases: lower court decision and points raised on appeal)
6. Court opinion: key issues and arguments, including those raised in dissenting opinions
7. Disposition of the case
8. Economic analysis of the case: reflecting your opinion, including lessons and implications of the case

Questions included in the form for peer evaluation of group participation: Each student confidentially submits a peer evaluation for each classmate the student works with during the semester. Rating system: 1=never; 2=rarely; 3=sometimes; 4=usually; 5=always.

Did the student...

1. attend your group meetings on a regular basis?
2. make an effort to do the assigned work?
3. attempt to make contributions and/or seek help within the group when he/she needed it?
4. cooperate with the group effort?