Wednesday, January 26, 2005

I closed the library tonight – and man, oh, man do I have a big pile of bullshit brief to show for it. I was actually there after the library close. I was sitting outside on a little table. It was cold as hell and, being after 1am, I just knew someone was coming to steal my laptop. I like the undergrad library 1000 times more than the law library. It is newer feeling, brighter, more open.

I don’t think I’ll be finding my way in to my 8am class.

Monday, January 24, 2005

Boo-ya!

Horseshit, I say. My eyes are bleary and stingy. My head is throbbing. All I have to show for my efforts is heading II subheading A. Tomorrow I will tackle subheading B. and C. I don’t want to disappoint LRW prof, but this is some real crap I’m spewing here. I don’t think it would be a violation of the honor code to do this, so I’m doing it… folks, here is a nugget of goodness for you. Appellees, use it well – Appellants, watch out! Excerpt of my brief: “a purchaser of a horse cannot recover if the horse has only one eye, if the purchaser could have seen the defect by the slightest inspection when shown the horse.” Boo-ya! Baby. Good night Appellants! They’ll never know what hit them. My poor, poor partner.

Nothin' gets the ladies goin' like some sweet-ass elephant orchestra shizz. You bedda ax somebody.

Sweet and smooth.

Never Forget...

I think it is time for some smooth Thai Elephant Orchestra jams. Aww, yeah! Get um here: http://www.mulatta.org/Thaielephantorch.html

Sunday, January 23, 2005

Oh, bother...

This is in reply to the comment from my last post. The one benefit of going to law school seems to be doing the things that others claim to have done, and knowing facts others think they have a handle on. The case at hand is the US Constitution. Like the Bible, a lot of people claim to have read it, but few really have. In law school, the constitution is a course (or two), so you get familiar with the premises other people try to lean upon. The comment (I will start with the last bit first): Need to learn a little more about the founding of this country. If I own it, then I own it. With all due respect (as I truly love my few readers), perhaps it is you who need to learn a little more about the founding of this country. The first ten amendments to the Constitution are known as the Bill of Rights. They were ratified at the same time as the Constitution as a compromise aimed at getting the damn thing ratified. No BOR no Const. They are the Constitution and the Constitution is them. ANYWAY, take a look at the 5th amendment. I will paste it in below in full, but for now, look at this clause: ;nor shall private property be taken for public use, without just compensation. Hmm… looks like “If I own it, then I own it” isn’t quite that simple. The government can, indeed, take your property, for public use, as long as they compensate you justly. Of course, this clause raises a myriad of questions. Some, but certainly nowhere near all, might be: What constitutes public use? Who can initiate this process? What are the steps to insure proper due process? What constitutes just compensation? What is meant by property? Just land? Or maybe the cure for cancer you thought up and wrote down? Blah, blah, blah… A highway is one thing but letting the court decide public interest is lame Okay, then who should decide the public interest? The legislature? The local township or city who wants to grab your land in the first place? And why is a highway okay? What about a park? A school? A mini-mall? What if you blow as a farmer and the land could be better put to use by someone who can actually grow crops? Usually it is the Legislative or Executive who wants your land. That only leaves the court as a check against their improper taking. As to Property -- Define public interest. You aren't one of these guys that thinks it ok to force someone to give up their property so some mall can be built or so the county can collect more property tax? Hell no! However, some politicians (and, yes, maybe judges – who themselves may be politicians – and regular old citizenry too) do. I agree, America and Americans have a general sense of right to property and right of ownership. Capitalism and free markets depend on this in order to flourish. Why the hell would I work my ass off, run the risk inherent with barrowing and debt, and whatever else it might take to succeed in a venture, if the government can just swoop on down and grab all I’ve worked for. Private ownership is essential to the !FANTASTIC! way we live in this country. However, it is not an absolute. The Framers understood this. Sometime the public use of property outweighs the interests of just one or a few people. There are many examples that most would find legitimate (wider roads providing more access as you have already alluded to). However, there are others which split communities (such as grabbing peoples home to create a higher tax haul). Some people see these grabs as legitimate because the land will be used to ‘create jobs’. If a politician says “No” then good-bye re-election - as they will be seen as not caring about the growth of jobs in these “troubled times”. So who you ganna turn to? Amendment numero five: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Saturday, January 22, 2005

Fear Not...

Well. Let me say a few things about a few things. Moot Court briefs -> Zzzzzz Gum with liquid inside -> Yucky Library hours at UM -> Way too early on the weekends Cover letters -> I feel like a whore Con Law -> Dry as an Egyptian Mummy's cat Crim Pro -> Open Field Doctrine or something LRW2 -> See "Moot Court briefs" above Property -> Public interest slant is the way to go Gum without liquid inside -> Yummy! Wendy's changing the way I think about combos -> Um, yeah, you already used to do that College Basketball -> Duke sucks. ACC good Video Games -> Easy mode is for lame-asses. I always play easy mode Blogging -> Yeah, everyone and their brother has two GPA -> Wonder what it takes to be in the top 10, the top 5 Debt -> In-fucking-sane what some people will leave law school with. In-fucking-sane Tort reform -> 1% of medical costs go to law suit awards. Misguided Liberal kids who get all their money from Mommy and Daddy -> You'll see... or maybe you won't Fairness -> Wha, wha, wha... wittle babies Suits -> I'm going to Goodwill, bitches Broward County State Atty's Office not calling me back -> Lame Working for free in the Summer -> Sucky

Friday, January 21, 2005

Torts Prof. MIA?

It seems that our Torts grades were due to the registrar by Jan. 7th. If you recall, Torts Prof. was a visiting prof. from Ireland by way of Washington University. The registrar has said that they have been unable to contact him since he took his leave at the end of last semester. Alas! What will become of our grades should he go away for evermore!? Perish the thought! A friend has been in contact with the prof's assistant, however. My friend has arranged for a letter of recommendation from the prof, and has kept close tabs on him since his exodus. I think this will all turn out fine, but in the mean time do I just assume the 'A' and send out my resumes with 4.0/4.0 on them? !!!!! I wish.

Thursday, January 20, 2005

Grades

All but Torts have come in today. Sweet. I don't know what to say, really. Alls well, I guess.

Tuesday, January 18, 2005

Lawfool, where are ye?

Where is LawFool? A few people have queried where the hall I went to? Am I just another victim to blog burnout? Did I tank on my grades and decide to end it all? Am I just too lazy? Maybe a little of all of those (only have two grades as of yet – and they were not at all bad enough to make me kill myself). But more, it is this: Law School is BORING as all get out! Damn. I do not hate it by any means, but it is a grind. Day in, day out, same boring crap. It is much more exciting to those who are looking in, about to go to school… once you are here, it is what it is. With that said, I realized I had made a tragic mistake. I had created a blawg, named it lawfool, and now it is useless.