Friday, January 20, 2017

For Monday-Section A

Friday audio.

We are now done with Joinder and turn on Rule 11 and Honesty in Pleading. Make sure you look at the assigned committee notes (from 1983 and 1993) and see how the Rule changed in 1993 and why. Read the current statute carefully to see how all the pieces fit together. In particular, understand the process for obtaining sanctions and the 11(c) "safe harbor." Why does the deterrence purpose of sanctions matter? What would be a different purpose behind sanctions and how might that affect the choice of sanctions.

Check the blog over the weekend for the list of essay assignments. The first essay will be distributed next Friday (January 27) and due the following Wednesday (February 1).

Finally, several people have asked about outlining. The Pleading portion of the course will take about 6 weeks. We necessarily are hitting pieces in a peculiar order, which we will pull together at the end, to show how the pieces fit and in what order. That is what your outline will be. In the meantime, keep reviewing your notes and be patient.