First Day Assignment Fall 2020

I hope this note finds you and your loved ones healthy and resilient during these severely disrupted times.

Our class meets Tu/Wed/Th from 4:20 to 5:10. Our course will be entirely online throughout term. I will contact you in the coming days with zoom info, the full syllabus, etc.

There is a required text: Law in the United States (2d ed. 2016), by Charles Abernathy. I recommend ordering it online as soon as possible (there are some new copies and it looks like many used copies in good condition). I am checking to see if it is available as an e-book (but I doubt it). The Barnes & Noble campus bookstore will likely stock a few copies the week before term starts. But they may sell out, and again I strongly recommend ordering it online immediately to ensure you have the book before classes start.

The assignment for the first week is: pages 1-9 (Sources of US Law), 9-14 (How to Read a Case), 15-21 (Statutes and Common Law), and 127-37 (The American System of Legal Education).

I look forward very much to meeting you in a few weeks. Do not hesitate to reach out to me at rudesill.2@osu.edu if I can be of help as you prepare for the term to start.

Very Best,
DSR

Dakota S. Rudesill
Associate Professor

Log into our course on Carmen (the university’s course management system). Our syllabus will be posted in the “files” section. Download and review it.

There will also be a video link and accompanying worksheet on the course Carmen page. Please watch the video and download or print the worksheet for our discussion on Day 1.

• Read the Chapter Before the First and Chapters 1-3 in Beazley and Smith, Legal Writing for Legal Readers (2^nd 2019)
• Sign into our course on Carmen. Confession: I am new to Carmen and find the platform quite challenging! Please let me know of any issues as you may encounter them, including at sign-in.
• Fill out the Writing Self-Reflection form (found in Assignments) and turn it in by 8:00 am on the day of our first class.
• Read the Hogg problem just enough to familiarize yourself with the basic facts and rule that governs. We will discuss the problem in class.
• Read the syllabus and bring any questions that you have about the course. We will discuss the syllabus.

Our course website will be on Carmen Canvas. The course website is not yet available to you but it will be before our first day of class. For the first day of class, please read the syllabus that will be posted on Carmen Canvas and please read pp. 1-18 in Prosser, Wade, and Schwartz’s Torts: Cases and Materials (14^th ed. 2020).

Please also take some time to familiarize yourself with the technology that we will be using this semester (including Carmen Canvas and Zoom).

Our course website will be on Carmen Canvas. The course website is not yet available to you but it will be before Orientation.

For the first day of class, please read the syllabus that will be posted on Carmen Canvas and pp. 22 – 44 in “Fault Lines:  Tort Law as Cultural Practice”.  Please also take some time to familiarize yourself with the technology that we will be using this semester (including Carmen Canvas and Zoom).

In addition, we will be breaking out into small groups during class.  Instructions for this small group session will be posted in Carmen.

Our course website will be on Carmen Canvas. The course website is not yet available to you but it will be before our first day of class. For the first day of class, please read the syllabus that will be posted on Carmen Canvas and pages 1-2 (“Prologue”) and 9-18 (“The Litigation Process”) in the Franklin, Rabin, Green & Geistfeld casebook. Please also take some time to familiarize yourself with the technology that we will be using this semester (including Carmen Canvas and Zoom).

Casebook 1-26

Supplementary Materials Item 1

Classes 1-4: Traditional Bases of Territorial Jurisdiction

Casebook 77-88

Supplementary Materials Items 2-5

The casebook is the Friedenthal, Miller, et al book listed on the book list.

The Supplementary Materials will be posted on the Westlaw TWEN site for the course. You will receive your password to register for the TWEN site at orientation.

Also please be sure to sign up on TWEN. The Zoom link will be under Weblinks.

1. At Orientation, you will receive a “Westlaw” password. Please use it to go online to lawschool.westlaw.com/twen to register on The West Educational Network (TWEN) for our Criminal Law class. (You will see it there.) TWEN registration is a required part of the class. Its importance will be explained at our first class.
2. On the “Dressler, Criminal Law” TWEN forum you will find a copy of the Syllabus for the entire semester (in the Handouts section).
3. For the first class, please read pages 1-8 in the assigned Dressler & Garvey casebook.
4. Once you are registered for the class on TWEN, please read the message on TWEN, in “Dressler’s Musings” (and respond accordingly), and also read the “Class 1” message on TWEN in “Important Announcements”. It will let you know what I expect to cover in the first class. Thanks!

Read Dressler & Garvey, pp. 1-8

From the Robinson workbook, read the following fact patterns:
#1 (McCarty); #2 (Landis); #3 (Williams); #4 (Dudley); #5 (Rummel); #7 (Marrero); #8 (Billingslea); #9 (Ruschioni); #10 (Wood); #16 (Weaver); #17 (Green); and #21 (Leidholm)

You only need to read the fact patterns (not the applicable law) for these cases. Then fill out the survey for each case at the end of the fact pattern, indicating what punishment (if any) you believe each of the defendant deserves

Exercise: Draft a prioritized list of your values, using Barnett’s concepts to guide you. Don’t worry about capturing everything or being uncertain: This is a working draft that you will refine throughout the semester.

In class we will share values, discuss our commonalities and differences, and explore ways to refine your value lists.

The assignment for that first day are the first three article excerpts in the readings, by Mitchell Stephens, Fred C. Zacharias, and John B. Mitchell.

For our first class, each student must look in printed media sources (e.g., newspaper or magazine) for an advertisement that you suspect has misleading content or constitutes false advertising.

Once you’re chosen a suspicious ad, make a copy of it, and upload it along with a short title and your name via Carmen by Sunday Aug. 23rd.  I want everyone to be able to view all “suspicious” ads.

Please bring a copy of the ad to our first class.  After carefully examining your ad, please prepare answers to the following questions:

1.To whom is the ad targeted?

2.Does it make any explicit claims or representations? If yes, what?

3.Does it make any implied claims or representations? If yes, what?

4.What evidence, if any, is mentioned in the ad to back up any claims, expressed or implied?

5.What conclusions may be incorrectly drawn by a consumer who reads the ad, but is not a sophisticated consumer?

6.Do you have any concerns that this ad may violate advertising law?  If so, explain.

Please upload your answers to the above-questions before class on Wednesday.  Please read Chapter 1 of the text book but do NOT research any advertising laws to complete this assignment.

Thanks Prof. Johnson

For class 1, please read the article, Building a Law & Political Economy Framework, which is the first article of packet 1. Please be prepared to discuss the article.

Below, please find links to various news articles regarding franchise law, the franchisor-franchisee relationship and some of the issues that can arise in franchise law. These articles are meant to provide an introduction to the area of franchise law and why it is important in today’s business world. Please review the articles and come to class ready to discuss some of your takeaways as well as any previous experience you may have in the area of franchise law.

Please do not hesitate to reach out to myself (glimbert@redroof.com) or my Teaching Assistant, Dan Sabol (dsabol@fisheldowney.com), if you have any issues accessing the articles or need anything before the start of classes.

https://www.washingtonpost.com/business/economy/the-dark-side-of-your-5-footlong-business-owners-say-it-could-bankrupt-them/2017/12/28/425b6ae8-e671-11e7-a65d-1ac0fd7f097e_story.html?utm_term=.3e45a22fcc00

https://www.nytimes.com/2018/07/17/business/economy/mcdonalds-franchise-nlrb.html

https://www.msn.com/en-us/foodanddrink/restaurantsandnews/the-real-way-mcdonalds-makes-their-money—its-not-their-food/ar-AAD7Ato?ocid=spartanntp

https://www.indiawest.com/news/business/several-indian-american-south-asian-hoteliers-suing-choice-hotels-over-supplier-program-fees-discrimination/article_412316cc-b5c1-11ea-bf03-1b97f440734f.html

https://www.nrn.com/quick-service/financial-relief-coming-quick-service-franchisees-hammered-coronavirus-pandemic

For those students who have not taken the debtor-creditor class, I also would recommend that you skim pp. 5–21, 29–42 and 71–77 of Bankruptcy Basics, a publication of the Administrative Office of the United States Courts, which is attached below.

For those students who have taken a bankruptcy course, reviewing Bankruptcy Basics will provide a good refresher.

As the assignment above states in passing, there is a course TWEN page. You should join it promptly. That is where I will post class materials, and once the semester is underway it is what I’ll use for e-mails, office hours, some exam reviews, and so forth.

The syllabus will be available by class time. I will send out the Zoom information on Thursday, once I have had a chance to make sure the technology in the Union classroom does what it needs to (and that I know how to use it).

2. Review course materials sent to you by email and let me know if you need hardcopies printed out – which I’m happy to arrange.

3. Read the June 1, 2020 DOJ Guidance on the Evaluation of Corporate Compliance Programs. The recent DOJ guidance can be found at: https://www.justice.gov/criminal-fraud/page/file/937501/download

4. Find your own example of a compliance failure and email these to me. One source of such “failures” are in the press releases of your local U.S. Attorney’s Office (for Columbus, this is: https://www.justice.gov/usao-sdoh/pr) – find a press release, or a news article, and email me the link at garrity-rokous.1@osu.edu.

5. Listen to the episode “Galileo’s Warning from Cautionary Tales”, on the podcast “Cautionary Tales” – which is available on Apple Podcasts: https://urldefense.com/v3/__https://podcasts.apple.com/us/podcast/cautionary-tales/id1484511465?i=1000457519798__;!!KGKeukY!nKo-tmlUH0dSvYMQ_hvVwhrj0y59UgxlxuEtS1WttqtWEqccRqWS0smDFFmESn0dAtOM2as$

If you have difficulty accessing the podcast, please let me know.

For our first class, please read pp.1-25 in Marion G. Crain, Pauline T. Kim, Michael Selmi, and Brishen Rogers’ Work Law: Cases and Materials (4th ed. 2020). If you are using the third edition of this text, read pp. 3-28.

Students may purchase either the third or the fourth edition of this text. Although I slightly prefer the fourth edition (July 2020), only a limited number of hard copies are available for purchase through the publisher’s website. Other retailers–including our Barnes & Noble campus bookstore–probably will not have copies of the fourth edition before term starts.

We will meet Mondays, Tuesdays, and Wednesdays from 2:30 to 3:40 PM in Mershon Auditorium (Rm 114A). If you’re taking this course remotely, please let me know via email before the first class.

The course website will be available on Carmen Canvas before the first day of class.

We have a course webpage on OSU Carmen, divided into four modules, which will go live by August 17. The first module is “Processes and Procedures,” and the reading assignment for the first day of class is the “Introduction: Logistics, Confidentiality, and Pedagogy” material found in that first module. Also, please read Chapter 2 of the Legislative Service Commission’s “Guidebook for Ohio Legislators.”

Goldberg, Sander, Rogers and Cole (GSRC) pp. 105-14 and do Ohio Supreme Court Mediation Module “An Introduction to the Fundamentals of Mediation.”  See Instructions on Carmen.

1. Sign up for the class on TWEN
2. Download the Syllabus (under Syllabus on TWEN)
3. Signup for Tophat (instructions on the last page of the Syllabus).  Join code: 258966
4. Read the first assignment (Introduction to the Rules).  (We will cover the second assignment, introduction to the trial, on day 2).
5. Virtual Participants:  Zoom invitation and passcode has been emailed to all students

1. Get a copy of the FOURTH edition of the casebook for the course, along with the course description/syllabus.
2. Access the pre-class questionnaire and fill it out before our first class. In addition to being posted on the class blog — https://lsi.typepad.com/death_penalty_moritz/ — the pre-class questionnaire and course description/syllabus are available on Carmen.
3. Find/research on your own a real sentencing issue, case or story that is of significant interest to you, and come to our first week of classes prepared to explain this issue, case or story and why it is of significant interest

Readings for the first week are as follows:

August 25: Setting the Stage: Balancing Cost, Quality, Access, and Choice
• Atul Gawande, “The Cost Conundrum”, The New Yorker (June 1, 2009)
• Commonwealth Fund, “Mirror, Mirror 2017: International Comparison Reflects Flaws and Opportunities for Better U.S. Health Care” (2017)
Read report and appendices, and highlight data you find important.
• Kaiser Foundation ACA Summary (updated 2013)
Skim the ACA summary to understand the main provisions of the law.
August 27: Defining Illness and Medical Error
• CB: 1-5 (stop before Notes section on page 5)
• CB: 9-12 (begin with Section III; stop before Questions on page 12)
• CB: 15-23 (begin with Section IV; stop before Notes section on page 23)
• CB: 27-39 (begin with Section V; skip Notes and Problems on pages 34-36; stop at end of page 39)
• CB: 52-66 (begin with “To Err is Human”; stop before Notes section on page 66—skip Problem on pages 55-56 and Notes on pages 58-59, 60-61, 62)

Welcome to Advanced Constitutional Law! I’m looking forward to seeing you all very soon!

Please sign up on the TWEN site for the course. You’ll find the first set of readings in a folder marked “Unit 1.” (It’s comprised of Brown v. Board of Education I, Brown v. Board of Education II, and Bolling v. Sharpe.) Please read the three decisions and make some notes on one or two things that strike you most about them.

You should also find an initial copy of the Syllabus for the course and the Zoom link for our meetings on TWEN. (The Zoom meeting information is in a separate document under the “Syllabus” tab – it’s very clearly marked so you should have no trouble finding it.)

Please be in touch directly if you have any questions.

See you soon!

All best,
M.S.

Scalia, A Matter of Interpretation, 3-14, 37-63

Welcome to Critical Theory / Critical Lawyering! I’m looking forward to seeing you all very soon!

Please sign up on the TWEN site for the course. You’ll find the first set of readings in a folder marked “Unit 1.” Please read and be prepared to discuss.

On TWEN, you will also find an initial copy of the Syllabus for the course and the Zoom link for our meetings. (The Zoom meeting information is in a separate document under the “Syllabus” tab. It’s very clearly marked so you should have no trouble finding it.)

Please be in touch directly if you have any questions.

See you soon!
All best,
M.S.