Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean &...

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Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law [email protected]

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Page 1: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Some Points About PowerPoint

AALS Annual Meeting

January 3, 2004

Eric J. GouvinAssociate Dean &Professor of Law

Western New England School of [email protected]

Page 2: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

How Not to Use PowerPoint

Page 3: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.
Page 4: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

What’s the likely outcome?

If Player 1 knew that Player 2 was going left, he would too, and vise versa

If Player 1 wanted to play left, but heard ahead of time that Player 2 was choosing right, then Player would would abandon his strategy and go right.

Although Player 1 slightly prefers left, he would rather have right than no payoff

Page 5: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Nash Equilibrium

Although neither player has a dominant strategy, this game is said to have two “Nash equilibria.”

A Nash Equilibrium is the combination of strategies that players are likely to choose because no player could do better by choosing a different strategy given the strategy the other chooses.

That is, the strategy of each player is the best response to the strategy of the other.

Page 6: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Ways that I Use PowerPoint

• Text of Statutes/Restatements/Opinions

• Present drawings I would have made on the Board

• Liven up the presentation

Page 7: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Text of Statutes, etc.

Page 8: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

§ 24. OFFER DEFINED

An offer is the manifestation of willingness to enter into a

bargain, so made as to justify another person in understanding

that his assent to that bargain is invited and will conclude it.

Page 9: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

§9-301 Governing Law

Except as otherwise provided in Sections 9-303 through 9-306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:

(1) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.

Page 10: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

§9-301 Governing Law

Except as otherwise provided in Sections 9-303 through 9-306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:

(1) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.

Page 11: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

PROPERTY COVERED BY ARTICLE 9

Goods 9-102(a)(44)Consumer goods (23)Farm products (34)Inventory (48)Equipment (33)

Semi- IntangiblesInstruments (47)

Promissory notes (65)

Documents (30)

Investment property (49)

Chattel paper (11)

Money Letter of credit rights (51)Supporting Obligations (77)

IntangiblesAccounts (2)

Health ins. receivables (46)

Commercial tort claims (13)Deposit accounts (29)

General intangibles (42)

Payment intangibles (61)

Software (75)

Things in action

Real Estate Related ItemsFixtures (41)

Standing Timber/Crops (44)

“As extracted Collateral” (6)

Next

Page 12: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Drawings

Page 13: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Timelines

Page 14: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

8/4 a.m. noon

House listedw/ Hawkins

Byer showshouse to N&K

Byer helps N&Kpp offer -- must accept by 5 pm on 8/5

eve. later 8/5 5 pm

Miller makescounteroffer

N&K wantto sleep on it

B inks dealw/ Segal

2 pm

“You snooze You lose”

N&K acceptCO

12:30 am!

Page 15: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

March1952

3/26 4/7

Ad inpaper

L makesinquiry

S sendsletter

L writesto S

4/8 4/12 4/14 4/28

S writes back“better actfast”

S sells to3rd party

L rec’s4/8 ltr

4/15

L“accepts”

S refuses to convey

Page 16: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

March1952

3/26 4/7

Ad inpaper

L makesinquiry

S sendsletter

L writesto S

4/8 4/12 4/14

S writes back“better actfast”

S sells to3rd party

L rec’s4/8 ltr

4/15

L putsacceptancein the mail

What if….. 4/13

S rec’s L’s4/12 ltr

Page 17: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Illustrating the case/problem

Page 18: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Acme, Inc.

Mortgagee

Mortgage and Note

$$$

Working Capital Lender

$$$

InventoryEquipment

Fixtures

Instruments &Intangibles

Accounts

Note andSecurity Agmt

Vendor

?

BNIOCOBBankruptcy T’eeStatutory LienorJudgment CreditorGeneral Creditors

BIOCOB

Page 19: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.
Page 20: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Right FieldBleachers

Visitor’sBullpen

Chain LinkFence

Page 21: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

(Re-enactment)

Page 22: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

(Re-enactment)

ManningGrimsely

Orioles Suck!

I’ve had enoughof that guy

D’OH!

HA HA!

Page 23: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

LoC Transaction -- Set Up

Buyer(Applicant)

Seller(Beneficiary)

Correspondent

IssuerAdvising

Bank

Negotiated K Terms

Applies for LoC, Pays fee

Transmit LoC

Confirm

Page 24: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

LoC Transaction -- Payment

Buyer(Applicant)

Seller(Beneficiary)

Correspondent

IssuerAdvising

Bank

Ship Goods

$

$

$

Page 25: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Maps

Page 26: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Warren

Page 27: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Graphs

Page 28: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Supply and Demand

Quantity

PriceDemand

Supply

p*

q*

Page 29: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Supply and Demand

Quantity

Price

DemandSupply

p*

q*

Consumer Surplus

Producer Surplus

Page 30: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Legal Restrictions on Interest rates

Quantity

PriceDemand for Loans

Supply of Loans

p*

q*

Maximum Interest Rate

qdqs

Page 31: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Legal Restrictions on Interest rates

Quantity

PriceDemand for Loans

Supply of Loans

p*

q*

Maximum Interest Rate

qd

qs

Gained Consumer Surplus

Page 32: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Legal Restrictions on Interest rates

Quantity

PriceDemand for Loans

Supply of Loans

p*

q*

Maximum Interest Rate

qd

qs

Lost Producer Surplus

Page 33: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Legal Restrictions on Interest rates

Quantity

PriceDemand for Loans

Supply of Loans

p*

q*

Maximum Interest Rate

qd

qs

Lost Producer Surplus

Lost Consumer Surplus

Deadweight Loss

Page 34: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Legal Restrictions on Interest rates

Quantity

PriceDemand for Loans

Supply of Loans

p*

q*

Maximum Interest Rate

qdqs

Lost Producer Surplus

Lost Consumer Surplus

Deadweight Loss

Page 35: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Numbers

Page 36: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Strategy A Medium-Risk Allocation of Assets

Scenario Yield on Assets Owners' Profit Cost to Depositors

Worst Case 7 % 0 0 (25 percent)

Middle Case 8 % 1 0 (50 percent)

Best Case 9 % 2 0 (25 percent)

AVERAGE 8 % 1 0

Page 37: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Strategy B Low-Risk Allocation of Assets

Scenario Yield on Assets Owners' Profit Cost to Depositors

Worst Case 7.25 % 0.25 0 (25 percent)

Middle Case 7.5 % 0.50 0 (50 percent)

Best Case 7.75 % 0.75 0 (25 percent)

AVERAGE 7.5 % 0.5 0

Page 38: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Strategy CHigher-Risk Allocation of Assets

Scenario Yield on Assets Owners' Profit Cost to Depositors

Worst Case 5 % (1) (1) (25 percent)

Middle Case 9 % 2 0 (50 percent)

Best Case 13 % 6 0 (25 percent)

AVERAGE 9 % 2.25 (0.25)

Page 39: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Comparison of Returns

Strategy Ave Return Expected Expected Cost Profit for Owner to

Depositors

A 8.0% $ 1 $0

B 7.5% $ 0.5 $0

C 9.0% $ 2.25 ($0.25)

Page 40: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Liven Up the Presentation

Page 41: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Livening things up

• Stuff you can’t do on the board:

Web LinksPicturesSoundsMovies

Page 42: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Web Links

Page 43: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Mechanics of Incorporation

CALI Lesson

Page 44: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Pictures

Page 45: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.
Page 46: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Mrs. Carlill

Page 47: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Wampum

Page 48: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Continental Notes -- 1776

Page 49: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Private Notes-- Banks

Stonington Bank -- 1858-1865

Page 50: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

1862 -- The “Greenback” -- U.S. Notes

These were obligations of the US government

Page 51: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

1863 -- National Bank Notes

Issued by a local National Bank

Page 52: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

1913 -- Federal Reserve Notes

Issued by the 12 federal reserve banks --First truly national currency

Page 53: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Plucky Americans

Industrial Workers

Wm. J. Bryan

American Farmers

McKinley’s Minions

Page 54: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Listing to Port in the Bushey Shipyard

Page 55: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

“The Coast Guard’s Only Submarine”

Page 56: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Sounds

Page 57: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Clauses

Page 58: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Movies

Page 59: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

Rules For Monica

Page 60: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.
Page 61: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

What is the “Holding”?

Page 62: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

The Normal Form Game Player 2 Cooperate Defect

Cooperate

Player 1

Defect

(Player 1 Payoff, Player 2 Payoff)

1 payoff, 2 payoff

1 payoff, 2 payoff 1 payoff, 2 payoff

Page 63: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

The Prisoners’ DilemmaA Game of Cooperation

Prisoner 2 Silent Confess

Silent

Prisoner 1

Confess

-2, -2 -10, 0

0, -10 -6,-6

Page 64: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

An Application -- Bank Runs

Page 65: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

The IAWL Bank Run Game

Everybody Else Leave $ Sell to Potter

Leave $

Tom

Sell to Potter

100%, 100% 0, 50%

50%, 100% 50%, 50%

Page 66: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

The Bank Run Game w/ Deposit Insurance

Other Insured Depositors Leave $ Withdraw $

Leave $

Tom

Withdraw

100%, 100% 100%, 100%

100%, 100% 100%, 100%

Page 67: Some Points About PowerPoint AALS Annual Meeting January 3, 2004 Eric J. Gouvin Associate Dean & Professor of Law Western New England School of Law egouvin@law.wnec.edu.

The End