LawFool

Law Firm Rate of Return

2006-10-20T13:20:00.000-04:00

NALP. It sounds swell on paper—a structured way for students and firms to get together. Top law schools have a commodity. In many respects it is a sellers market, even in a bad economy, because the top students from top law schools (I leave, for now, the argument that a top student from a top law firm really is worth her weight in gold) are still limited in availability when held against the mass of graduates each year. So, a few law schools, if they come together (as they have), can shape the way students are recruited. Again, on paper, this works well. Students and firms have a chance to pre-screen each other for a few days (at many schools this is before classes start, so there are fewer distractions) before deciding where to go to “take this relationship to another level.” Due to the guidelines, students are not forced to select a firm on the spot, and may keep several offers outstanding for quite some time. Once they match up with a firm that fits them best, then they release the other offers and inform the “lucky” firm that they will be summering with them. If everything goes well, at the end of the summer the student will get an offer, and will be able to hold this offer open until after the next round of interviewing finishes for the following summer (most students do not double dip—meaning, going through OCI (on campus interviewing) twice, but some do, and can without having to turn down the firm that has offered them a job).

All of this is reported to NALP. NALP publishes several items about each firm’s recruiting, and students use NALP as part of their research when selecting firms. In my opinion, this creates a dilemma for both firms and students. [Note: I’m all for the more information the better. I don’t advocate not publishing this info, but I do want to address what damage this information might be contributing to.]

The stakes are very high when choosing where one will go in the summer between their 2L year and 3L year. While getting an offer to join a firm for permanent employment post graduation is nice, not getting an offer is really at issue. Returning from your post-2L summer without an offer can be the ‘kiss of death.’ (Okay, a bit dramatic, but it is said to really suck.) With no offer in your 3L year, that second OCI becomes an impossible task: “Oh, Mrs. Smith, I see you went to last summer, did you get an offer?” If you answer this “no” your already slim chance of a job offer (as most firms want to have you as a 2L first) goes from slim to none. Also, if you chose to look for clerkships post-2L summer, the issue will come up as well: “I see you were at this summer, they are a fine firm, are you planning to return?”

Alright, then, what’s the problem?

Well, if you know how important it is to get an offer from your summer firm, even if you have no plans of returning, what one piece of information to you think might matter most? I’ll tell you. The most important numbers are: How many Summers did they invite for the summer, and how many of those were offered permanent employment (received an offer). I call this, crazily enough, the “return rate.”

10 Summers :: 10 return offers = 100% return rate. 10 Summers :: 7 return offers = 70% return rate.

Right, you get it.

So, if most law firms look the same to most students (as I believe they do), what might be a deciding factor? The highest return rate wins. Because getting the offer is so important, a student torn between several firms (or more likely the case, indifferent to several firms) will look to the firm that gives them the highest probability of securing the offer (past performance no indicator of future blah blah blah). If the law student knows this, then so too does the law firm. Law firms are very aware of how their NALP form looks to students. If other firms—their competitors in the local market—have 100% return rates, then the firm with a 70% or, God forbid, a 50% return rate will be at a disadvantage in recruiting their choice candidates. So, what are firms to do? Well, they can lie on the self reported NALP report. Or, they can offer everyone who comes to work a job at the summer’s end.

As for lying. I have no idea if firms lie on these NALP forms, but I can tell you that this would be dangerous (besides unethical, of course) if recruiting from the top schools. Why? Well, the students who do not receive an offer talk. They not only talk to other students, but they talk to the Career Center. The student becomes the Career Center’s problem, and they Career Center might inquire as to why the student did not receive an offer. Too many time of this happening, and the word is out about this firm. Of course, the Career Center folks look at these NALP forms, and will spot any discrepancies.

Most firms are becoming afraid to not give offers. If they have to take on a poor performer, or more associates than are needed, it might be worth the cost in order not to shut off future candidates from choosing the firm in subsequent years. Sure, even a 50% return rate firm will be able to fill its summer class up, but it may have to look further down the line of desirable candidates. Because the best candidates will have several firms to chose from, they will pick high return rate firms, whereas recruits that don’t have many options will take a shot at a lower return rate firm—these students without options are usually lower on the pecking order.

Of course, this could be all a bunch of horseshit.

Back?

2006-10-13T11:13:00.000-04:00

Eh, who knows, I doubt anyone stops by anymore, and why would you? For a few months, my blog was nothing more than a bunch of date strings across the entire blog. This was done in haste. The reason: I was out with some of my fellow Summers at a firm function, and one of the Summers started talking about my blog (I never told this Summer about my blog, but this Summer knew of it before our stint at the firm together). Anyway, the Summer was saying things in front of the recruiter, and I thought it might be best to suspend operations until my offer was secured. I don’t think there is anything too egregious on this blog, but why take the chance?

JOSS

2006-04-19T14:53:00.000-04:00

Journal of Sweet Stuff now open for business.

Tragedy of the "free internet" Commons

2006-04-11T09:57:00.000-04:00

The tragedy of the commons is nowhere more apparent than one of the local coffee shops with free internet access.  Some days you go, and the connection is flying fast, and other days you go and it is crawling.  Some days, several people cannot even get a connection.  I like watching those people constantly right-clicking on their little network wifi icons, desperately trying to grab the brass ring.  Of course, some days that’s me, and I do not like it.

Now, some economists would argue that this is wasteful.  Clearly there are some of us who would happily pay $1 to be on the network while others might not.  Of course, the $1 might be $2 or $3 or $6 or whatever it takes to get the “right” amount of users off of the network, so those that value it more can use it with a at an optimum level.

Sounds right to me.  However, this forgets the marketing aspect.  “Free Wireless Internet” signs attract more people (especially in a college town).  The coffee shop probably isn’t too concerned with the quality of the service at peak hours.*  It just wants the people in the door.  It does offer free internet after all.  Well, how about working that $1 charge into the product price then?  This is a classic argument.  The users can still have “free” internet, but just charge a little more for each coffee.  Clearly, as it is now the internet isn’t really free.  The “free” internet is already in the price of each cup of coffee.  Why not simply increase the cost to deter those who do not value the free internet as much as the others.  Oh my, this is a problem now… Not everyone who comes cares about the internet at all.  Why should they pay more? [See moral hazard]  Also, what about peak hour versus off-peak prices?  No need to deter internet freeloaders when the use is already low.  If you deter them all the time, then you never get their money for coffee even when you would gladly give them free internet.  No, you couldn’t always have higher prices.  And what about people who buy no coffee to begin with, but use the internet anyway?  Enforcement costs! And on and on it goes…

Solution?  I don’t know… I guess you could disconnect the use from the coffee prices in the first place.  I see a 3rd party who gets revenue from the internet use (advertising perhaps).  If a 3rd party wanted as many eyes logged on to the network, they would be benefited by increasing the bandwidth in the coffee shop.  The coffee shop could advertise free internet, and the internet provider could charge advertisers for the eyes of those surfing for free.  Who knows… I have so much work to do, and I am wasting my time with this crap.

This is why I stopped posting.

*[There is a whole other line of argument that they should care, but for now, I will assume that away as so many economists are apt to do—Additionally, one can argue that, no, the marketing aspect means it isn’t a tragedy of the commons as the aim is not use of the network at all (as is the case with roads and beaches) but marketing period.  I agree, but that is dull and too easy.]

Breaking the Silence

2006-04-07T10:45:00.000-04:00

Well, it has been quite a while since I last posted. I do not know how long it will be before I post again. I just wanted to put some thoughts down to let “all the rest of you” out there know how I see it from where I sit. Here’s what you should know: No matter how hard some of you try, you are closed off from some initial opportunities. That is not to say you are precluded from future endeavors, but getting that initial jump will not be easy. Two things transpired this week that solidifies what we always thought, but couldn’t know for sure… Federal Judges:

The Federal Circuit judges who came to speak with us this week had a few choice words to say. I really did appreciate their candor, and I in no way want to be disparaging—I just want to make sure that all those students at some other schools know that when their Harvard and Yale professors tell them that they can go anywhere they want so long as they just work hard enough, well… let’s just say, sure, there is always that one exception to the rule. Judge1: When I get the 400 or so applications for clerkships I make a few piles. The first pile is from students at <8 of the Top 10 Law Schools>. I pick from that pile first. If I cannot find a clerk from that pile, I move on to the next piles. I’ve never moved on to those next piles. Judge2: I hired two students from <Not Top 10 Law School> add <Another Not Top Ten Law School>. I will not make that mistake ever again.

And, in my seminar course, when I questioned why everyone in the class seemed to have such disdain for the job state appellate courts do, this was the reply:

Come on. You know who screens most of these cases and makes recommendations to the judges, right? Clerks. And, come on, who takes a state court clerkship? Students from lesser law schools.

So, soldier on. But, when your professors tell you that you maybe don’t have a job because you aren’t trying hard enough… what they really mean might be: well, not that job, you silly.

What to do...

2005-12-16T06:16:00.000-05:00

I have a few days to decide whether or not to take my Crim Law exam for a grade or pass/fail. I am in the class with all 1Ls. I don’t know if I have the nerve. I thought I’d know what to do after my first few exams were done. But I feel like I tanked them. Of course, the eternal optimist that I am, I feel like I tank every exam. What to do, what to do? It isn’t hard, Crim Law. Make a list of the crimes, the defenses, the splits in the common law, what the MPC does. But the cases. I am terrible at case recall. I remember the cases in much more abstract ways. I think Con Law is the only place names really matter. Other law is much more fluid (I know, I know, it is ALL Con Law, but you know what I mean).

My first two exams were both essay/multiple choice. I HATE multiple choice law exams. Hate them! Crim is 100%, pure, uncut, essay. No room to knock it out of the ballpark with multiple choice. Grrr.

Rant 1

2005-12-12T17:28:00.000-05:00

The law school rant in several acts. It seems that some students are getting a little gnarly out there in law school land with exams coming up. They are complaining about law school sucking, and “what’s the point?”, and “screw this”, and “screw that.” Well, let me write on the other side of the argument, if I may? Let’s start with law review. There seems to be quite a bit of consternation over getting onto law review, and all the benefits that come with being “in da club.” But, really, law review is a very accurate measure of the type of lawyer and lawyerly life you are going to live. Look, how do you expect to make it in the world if you don’t know whether the comma in between “see, e.g.” should be italicized or not? I mean, this is truly important stuff. Some might argue that this is just a bunch of hooey, perpetuated by a bunch of self-important pinheads, destined to be academics, with lots of time to waste giving a crap about this stuff—well, if that’s you, you're just plain missing the point. I mean, if you don’t have the citation in small caps where small caps is needed, and if you underline an article title when maybe you shouldn’t have (at least according to the fine Bluebook folks), how do you expect to communicate effectively with people? Much less, how do you expect anything you write to hold any weight at all? I mean, when I see a period or comma outside of a quotation mark, when it should be within, well, I’m sure you agree that the author has lost all credibility with anyone worth their salt. Should we look to the content and ideas trying to be expressed, and consider the message in the work over the form? No way! That’s crazy talk. If a parenthesis is misplaced, I just start to wander. I no longer have any idea what this person is talking about, and I’m disappointed that I even started reading the piece in the first place. Who can keep you safe from this? The folks on law review. That’s who! So law review people get an office, and soda, and better jobs. And sure, they can share great outlines to maintain their superior class ranking. But why shouldn’t this attention to tedious, manufactured, arbitrary detail be rewarded? This is truly important, meaningful, and vastly rewarding work. Don’t go all “sour grapes” about it. You just don’t understand how crucial getting every sentence and citation perfectly spaced from the next one is in the grand scheme of life. I mean, how could you understand? You aren’t on law review.

Rote

2005-12-07T11:47:00.000-05:00

Today ends my first semester of classes at my new law school. I have lots of studying to do. My laptop has been a flop ever since I purchased it, but these last few weeks have been pretty rough. So, my level of stress has been tweaked slightly to the up end of the scale. I am struggling with whether to take one of my exams pass/fail instead of graded. I thought I’d tough it out, but the prof seems pretty bent on case citations. I blow at case citations. I’m going to stick with: “the case where the guy kills some guy for making fun of his nose” (which, for some reason did not reappear in our insanity chapters). Is this any more valid than saying “the Smith case”? I mean, a history major shouldn’t care as much about the exact year the Pilgrims came to America – just that they came and for particular reasons. I liken remembering case names to rote memorization of useless facts. Like, how important is it for me to know then name of that one case where Adams tried to give that commission to some judge and Jefferson wouldn’t finish the job, and then the would-be-judge sued the Secretary of State and then the Chief Justice like said the Supreme Court had the power of judicial review. Mar-something v. Mad-someone. Yeah, that one.

Abstract

2005-11-30T08:59:00.000-05:00

I’ve said it before, but it bears repeating: If you plan to practice law in Florida, you should be reading Abstract Appeal. It is great.

http://abstractappeal.com/

Soda SOL

2005-11-29T18:06:00.000-05:00

I was curious as to what the statute of limitations on refilling soda might be?  I go to the student union almost everyday and get a large soda from Subway.  The price is inflated -- $2.11 for a 32oz soda.  However, it is refillable.  Is there a time limitation as to how long one can refill?  A distance limit?

Some considerations:

     Is it strictly a time thing?  Meaning, if the union is open for 14 hours a day, are you free to refill for the entire 14 hours.  I think it is a given that once the place closes, the privilege to refill runs out (this leaves open the 24 hour places, but I would also state that going home also runs the privilege out).  It used to be as long as the cup could still hold liquid (those paper-wax-covered cups would die after several hours), however the cup I buy is plastic, and could last for the next 2 years of my time here.

       Is it based on proximity to the soda machine.  I think this can’t be the case.  The reason being:  the bathrooms are not in the food court.  This was the same for Miami as it is at Michigan.  In both places, you must leave the confines of the eating area to use the facilities.  At Miami, you actually had to walk outside.  So, if your proximity were the test, should you buy a cup and need to go to the bathroom, you would lose the privilege to refill far too soon.

     JD says it isn’t time nor proximity. She holds that it is the duration of the meal which governs the refill statute of limitation.  And, she contends that I abuse the system.  I say “hogwash”, because what if there is no meal?  What if you just buy a drink?  Then what governs the proper time to refill?

     Perhaps it should be a limit on the number of refills.  This seems like the best solution.  There could be a chart.  A penny to ounce formula of some kind.  $2.11 might buy 3 fills.  A potential 96oz of soda.  Should you choose to use ice, well, that is a fringe benefit you pay for in reduced soda ounces.

Term

2005-11-29T13:26:00.000-05:00

Term of the month: “Race to the bottom.” I have heard this from several different people relating to several different topics.

Better Check Possession

2005-11-28T16:40:00.000-05:00

Okay, say you want to take a security interest on a widget. You file a UCC1 on April 1st. Then, you wait. On April 15th, you run a search on your debtor and see that your name is the only one that came back. Sweet. This means you are the first to file. You then go and check on the widget to make sure no one has possession. You see it in the possession of the debtor, hell, he even gives it to you to hold. We are super secure now. Right? Wrong!

You better check possession when you file. Picture this. You file on April 1st, and someone other than the debtor has possession at that time (and an attached security interest, of course). On the 9th, they file and return the item to the item to the debtor. You know what that means, right? They trump you! Under 9-308(c), they have continued perfection without being unperfected, and so they go back before your April 1st filing.

Sucker.

Cans

2005-11-28T15:09:00.000-05:00

I haven’t purchased a 12-pack of soda (or, pop as they say) since I got here. This is because, although the 12-packs are only $1.97 each (quite a deal), they cost an extra $1.20 in deposit costs. So, a $1.97 12-pack costs $3.17. I know I can get the money back, but it isn’t practical. One of the benefits of buying cans is that I can take them with me when I hit the road. I can sip all the way to school, and then I can toss it out. Where can I toss it? Well, there are tons of recycling bins on campus, but if I use them, I don’t get my dime back. Instead, the homeless guys who come on campus and collect the cans from these bins get my money.

The Hurt

2005-11-28T11:51:00.000-05:00

Well, it seems the folks over in Miami are starting their exams at the end of the week. We have a couple weeks left before we start them here. I need those weeks. I’ll tell you what, this semester has blown by, and yet, it has put the hurt on me. It isn’t that the material I am studying is tougher, nor is the in-class workload, but the extra curricular stuff has piled on me. The biggest chunk of time was lost to callback interviews. Second to that was moot court. Then, law review note writing. And, of course, reading for class. There were a few assignments (one group assignment) due for class, but mostly just reading. Throw in figuring out my way around the school and the town as well. Could be worse. I haven’t had any weekend marathon make-up classes like the hurricane ravaged Hurricanes. I had my power uninterrupted (as far as I can tell) for the entire semester. I had cable, phone, and internet. The biggest stress comes from JD’s misery. She isn’t having a very swell time here as of yet. I have been non-existent at home. So, she is left to fend for herself with no friends or family to bop over to. To add insult to injury, I will be down south for the summer. This means I get to be with some friends and family while she sits around up here earning some money for us. I promised to fly her down as much as she wants, but I don’t think its helping. Alas. I’ll make it up to her with weekly massages and maid service when I’ve sold myself to the highest bidder when this is all over (let’s hope that last part doesn’t turn out true. Gulp!)

Secured Transaction Policy?

2005-11-26T16:15:00.000-05:00

UCC § 9-324(b):

(b) [Inventory purchase-money priority.] . . . a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, . . . also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if: (1) the purchase-money security interest is perfected when the debtor receives possession of the inventory; (2) the purchase-money secured party sends an authenticated notification to the holder of the conflicting security interest; (3) the holder of the conflicting security interest receives the notification within five years before the debtor receives possession of the inventory; and (4) the notification states that the person sending the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.

Okay, this section of Art. 9 has, as of yet in my review, given me the most pause for reflection. The book I am studying from tells me that this rule is much older than the UCC itself. It states that the reason an “inventory creditor” can take a PMSI that can prime an earlier creditor with interest in the inventory of a debtor is because, if not, the original creditor could become too powerful as to the ability of a debtor to do business. The idea being that no one would allow the debtor to buy on credit if they new that they were turning over inventory they would be unable to reposes because CreditorOne was first in line. Without this rule, a debtor would have to go to CreditorOne for more money in order to purchase the inventory, or it would need to get a release of that inventory so the inventory creditor could perfect a first-in-line security interest in it. Hence, without this rule, CreditorOne could say “no,” thus leaving debtor at their mercy in the conduct of its further business. The same policy animates a debtor’s ability to trump the first creditor’s interest in after-acquired equipment as well, when such equipment is bought on credit and PMSI’ed. However, there is no need to jump through the hoops (1-4 above) when PMSI’ing an equipment purchase. Why the difference between inventory and equipment? When dealing with equipment, I am guessing that the drafters assumed a growing collateral base. So, if debtor has 3 pieces of equipment which CreditorOne is secured by, the new equipment would be piece number 4--It could be an addition to CreditorOne's security. This would grow the creditor’s collateral. So, then, is CreditorOne any worse off should we let a new creditor trump the older creditor only on piece 4? The thought must be “no,” because CreditorOne still has pieces 1-3 as security, and now a second interest in piece 4. When we look at inventory, however, the thought must be different. Whereas equipment is more permanent, inventory is constantly turning over. This is why CreditorOne has what is referred to as “floating lien.” CreditorOne is being secured by constantly changing inventory. So, if the debtor decides he wants to extend new security interests in what is securing CreditorOne, the new creditor must alert CreditorOne of this fact. The reason for this rule is the same as the equipment reason—if debtor wants to keep his business running, he can’t be at the mercy of CreditorOne. Who, most likely, will not like that his security interest in the inventory is being gobbled up by new PMSI’ed interests. Hence, because turnover and new PMSI interests could quickly prime away all of CreditorOne’s security, the drafters require the steps of 1-4 (above) to be taken. This is where the theories all go to hell for me. Suppose that in the equipment context, the new equipment is to replace old equipment. Then CreditorOne, who was secured by three pieces, is now only secured (first-in-line) by two. Because, when debtor got the new equipment (piece number 4), he threw out (piece number 1). Here, the collateral base of CreditorOne is not grown, nor static, but rather, it has been reduced (2 and 3 only, instead of 1,2,3). So, like inventory, why not alert CreditorOne of this fact? This raises the question of what is the alert actually for, and the reality that such policy is almost always contracted around. It seems the inventory notification rules are required to keep the debtor honest. To protect itself (CreditorOne) from this sort of loss, there is probably some clause in the contract between CreditorOne and the debtor that any encumbrance of either the future inventory or equipment will be considered a default. If this is so, how is the policy behind 9-324 realized? If the PMSI’s are allowed in order to foster the business dealings of the debtor, alerting CreditorOne that its collateral is shrinking would lead to an alert of a breach. CreditorOne could then call (accelerate perhaps) its loans to the debtor. Is this anymore harmful than making debtor get CreditorOne’s permission to buy equipment or inventory in this way? I think calling the debt would be even worse. I must be missing something. I’ll think on it.

Hello and Goodbye? What gives?

2005-11-17T10:41:00.000-05:00

If anyone does stop by, I wanted to post a brief explanation as to why I am no longer guest blogging at “Equal Process.” On that blog, I posted this:

If anyone out there who happens to be a member of “Outlaw” or knows someone who is, can you tell me why the chapters throughout the American law schools have not joined forces and all signed up for JAG slots when they come to school to interview? What happened to throwing a wrench into the machine? Wouldn’t this effectively make their presence on campus useless? Every slot filled with people unable (not allowed) to join? The school would still get their funds. Sure, some people who really wanted to go to JAG would be screwed, but there are always collateral losses. Have movements become too nice?

Which can be found, picked up, at Discourse.net, here. Without notice or hearing, the post was removed from Equal Process by the blog’s owner. It was only my second post, and it certainly was not with keeping of my “transferring” posts. The internet is a free and open place, but that doesn’t mean that one can have his/her own way within someone else’s space in that free and open place. My posting was censored, well within the purview of the blog owner's right, and I had no assurance that further posts would not be. I, therefore, respectfully declined to post any further.

Hanging, and waiting…

2005-08-01T19:45:00.000-04:00

This whole transfer process is crap. It stinks. The waiting for any word, any word at all, any, word, at, all. Even dings are welcomed. But, as of yet, only one. This process has been going on for two months now. I still haven’t heard from over half the schools. Tick, tock. Here is how it goes (or what I think is how it goes--nothing definitive): The first schools come in quick. These are schools that you are an “auto-admit” to. You will get a quick turn-around as soon as the app goes complete. Then you have deadlines. You buy time. You ask for extensions, you want to see what else will come down the pike. The bad part is, you are a half-breed. Not quite bad enough to say “get lost” to right of the bat, but not a “home run” out of the gate either. So, you have the schools willing to give you the time of day waiting for some $$$ to reserve your seat, and the schools that might give you the time of day (if enough auto-admits say “No, I’m off to Yale.”)—they are holding off on you like you are on the other schools. The dance! It is a standoff. You want so bad to call the admissions offices. Sometimes you have the phone in hand, but you can’t think up a good enough excuse to tell them. You don’t want to force their hand, but dear God! you have to know!!!! But you are afraid. “Maybe I’m so close. Don’t make them mad. Jenga!” In the meantime, you start bidding for OCI at the school you sent your $$$ to. It is a good school, for sure, but not the first choice. So, you are in a limbo state. OCI-ing, half-heartedly; all of your worldly possessions in your sister’s garage; again, like when you sold your house with three months left at your cushy high-tech job, you are sleeping on someone’s floor. Is this progress? Are you making headway? Homeless, unemployed, uncertain future, and people think you are “lucky”? And, for the most part, they are right. You did well, you have a chance to position yourself in a better spot, but the stress! You go to the bagel restaurant and cannot see your niece, because the stress is driving you half blind. Your future is bright, but the present is bleak. Your gums bleed (not really, but they might). You sleep only every other night. You check your email 100 times an hour. The mail comes too late—no! too early! Someone shoot me. Why couldn’t I have known I wanted to go to law school as an undergrad. I would have aced a Communications or English degree. Computer Science? I’m a flippin’ moron.

Dinged

2005-07-29T17:52:00.000-04:00

Ole Lawfool took a hit. Damn, the blood! The blood! Oh, the blood! All the blood! It might be hard to recover, but I'll do the best I can.

Roy Black - Miami Alum?

2005-07-28T22:55:00.000-04:00

He taught at UM for like 30 years, and was a grad from here. I never knew this. Nobody every mentioned his name. Nuts. Thanks for the heads up NBC. Why am I transferring? I am a victim of the system, man. A flippin' victim. Wait for me lemmings! I want to see just what's over that cliff ahead too!

Stressed

2005-07-24T14:16:00.000-04:00

I know I could be in worse positions. All of us in law school are in pretty good shape. But here are the things going around in my head:

Money – Debt – Is it worth the debt to bump up? I really don’t want a biglaw job after school. I think bumping up is the best decision I could make to put in to a position to have as many options as possible. However, too much debt leads to golden handcuffs, which leads right back to biglaw. In this case, it might be better to stay relatively debt free in Miami.

Moving – Because I don’t think I will be here next semester, I can not really renew my lease. I have 3 options: (1) Renew, then break it; (2) don’t renew and move my stuff into storage until I take my leave; or (3) be a holdover tenant. Option 3 is out of the question. My landlady is running a business, and being a holdover is, simply, an ass thing to do on my part. I don’t believe in fate or karma, but I do believe in not being a prick if you need not be. So, it looks like I’m off to the temporary storage route – I’ll live with my sister until I decide where I’m off to.

Outstanding offers – No school has dinged me yet, but I still have several applications outstanding. Some of the schools I might chose over the ones I’ve already been accepted to. However, I can’t wait forever as those schools are holding OCI and other concerns. So, I am waiting as long as I can. This uncertainty is really stressful. I check my email 100 times a day. The mailman is my best friend…

Everything is up in the air. I normally like to know what turns I am making 15 moves ahead of time. It sucks.

Just for a minute

2005-07-21T22:09:00.000-04:00

Not to take focus off of the transfer stuff (because it is fun) - but this is important (via Drudge). http://www.villagevoice.com/news/0530,weblee,66189,5.html

Libeled by the Wolf

2005-07-21T10:46:00.000-04:00

Man, oh, man. All I have ever said about UM is how "wonderful" the school is; how great many of professors have been; and how "smart" and "hard-working" my classmates were. Then, one of those classmates pick up my post and claim I have been "ripping" Miami. Horeshit! Check out the post (and my one defender). Where are Lawfool's champions? http://jasonbwolf.blogspot.com/2005/07/bye.html

One Friend?

2005-07-19T22:58:00.000-04:00

Yes. One good friend. I have made several friends, but really only one friend who comes to the house, who we go to dinner with, who I call to tell about all this transfer stuff. I am from South Florida, so I already have a small contingent of friends and well-wishers in the area. I think I am a nice guy, but I just don’t do the social thing too well. When I get to know a person, it is all good, but the wall of ice takes a while to thaw. Maybe I have some social disorder. I doubt I’ll ever be a senator or congressman. I’m far too genuine, and genuine means opinionated – and opinionated means I come off as an ass sometimes. Really though, I am a swell guy. Right. -------------------------------------- I saw a classmate on campus today. I would call her a friend, but not the one friend. I told her I was leaving, and immediately felt like an ass. I know several students transfer each year, but I’m the only one who knows. When I told her, I felt like I was saying “I’m too good for you.” This is not the case AT ALL. As I said before, were it not for the name factor, I would love to stay in Miami. The school is great. I have nothing bad to say, but the fact is, Miami doesn’t carry the same weight as some other schools. I need to stop apologizing.

Exit, stage left

2005-07-18T11:34:00.000-04:00

Waiting is the hardest part. I did pretty okay my first year of law school, and my grades have enabled me to make the jump. I have been accepted to several schools, but am still waiting to hear from the biggies. This limbo is excruciating. Literally, I have no idea where I will be in a month from now. Not the state, the city, and certainly not the school. If all the outstanding apps came back “piss off”, then I have a good idea where I will be, but until the final apps are in, or until the hour is far to late, I dare not start learning about the city. Now the schools, that is a different story. I have done a fair amount of research on the schools that I am seeking transfer to. Of course I looked at the hideous US News list, but that was just a starting point. From there I looked to the several other lists. Where do most federal clerks come from? Teachers? Government jobs? Etc… I need to make some moves soon on the outstanding offers… Regretfully this means leaving Miami. It has been a great school. They have been nothing but wonderful to me. Some of the professors I’ve had were the best in all of my college career. I met a lot of smart, hard-working people, and made one good friend who I will miss a lot. Sadly, it is the nature of the beast. Due to the external forces, there are limits placed on people who come out of certain schools. I never want to be limited by anything other than my own potential, and if I have the opportunity to help myself out in that respect, well, I have to take it. JD and the family are NOT happy. Some understand, others don’t. The ole Lawfool is sad.

2005-07-07T09:13:00.000-04:00

I’ve been pondering the robes the justices wear. I was thinking that on my last day I would stroll on in wearing one myself. I can find nothing in the employee handbook disparaging such behavior.

2005-07-06T08:39:00.000-04:00

So, what else then? You 1Ls and other law school peoples roaming around the World Wide Web – your thirsts never quenched. If you are like many law students, you are not working the first year of school. This means that law school is it. This is your job. No excuses not to do the work. Many say that people who take time off after undergrad, and work in the “real world” before starting law school, tend to do better. I don’t know if that is really true, but I can see a reason why they might do well in any case - the workload is not that grueling if you are used to grunting it out day after day. Are you kidding me? Last year I would be sitting at the food court, reading Civ Pro, refilling my big soda, and I would notice it was one in the afternoon. One o’clock in the afternoon and I was done (with classes, at least) for the day! Ha ha! Never end law school, never end! You see, I relished not being tied to a desk all day. I enjoyed settling in with a load of reading and just going. It felt almost as if I were doing something lazy, when in fact I was preparing for tomorrow’s work. In my second semester I had a real easy Monday. I was finished early, and I would spend the rest of the day reading as much as I could to get ahead for the week. In some weeks I got almost all reading done on Monday. Don’t get me wrong, I had some lazy days (which turned into weeks) and I had to play catch-up every now and again. But, because I had set myself up to do as much as I could early in the week, I was playing catch-up to a schedule that (I assume) was still pretty far ahead of what others were doing. I never got weeks ahead, but by weeks end I was done. I was caught-up, I was ready for next week. I never felt that twisted stomach feeling like I was sinking. Getting 100s of pages behind in class is a hole you may never get out of. Additionally, I could just relax in class and take in a lot of what was being said. I DID NOT TAKE COPIOUS NOTES IN CLASS. I sat there, I listened, I participated. I DID NOT I_M OR SURF THE NET. Every class was by no means a diamond, but I went. Why not go? We have no jobs, this is our job, first year is the most important year. I did not want to leave 1L regretting my lack of effort (it also helped that I quit my job, sold my house, made my wife get a real job – you don’t want to half-ass it after leaving $$$ and security). If I worked hard and got bad grades, at least I would not have any excuses – I did my best. If I got good grades, well then, all the better. At the end of the week, I took a few days off. Friday night and Saturday were my “relaxing days”. I went out to dinner, saw a movie, walked around Target. Whatever. Just chilled. On Sunday, I would start up again. This wasn’t always the case, but it remained pretty constant. The point? Treat it like a job. Get into it. Enjoy yourself. Stay on top of your work – and don’t take these years for granted.

2005-07-04T19:29:00.000-04:00

I never thought I would like being on law review. I would do it, of course, because that is what you are supposed to do, but I wouldn’t like it. I would see all these other 2Ls talking about law review and citations and I would think “What the hell, man, these people are tools!” (Don’t get me wrong, tools about law review, not in general many are actually very swell folk – I think) Anyway… as part of my summer job, I had the occasion (each week) to read over several documents about to be issued to the public. These had been polished by several people, and I was a last-ditch “let’s see if the law school guy can catch anything” safety net. What fun! Really. What fun! Seriously, what the hell is happening to me? I get all bent out of shape when I see rules being broken, knowing full well that no one plans to fix it before the thing is issued. Little errors, mind you. The few biggies I have caught were corrected, but the little ones. Biggest pet peeve: the use of signals. Everyone uses “see” everywhere. Sometimes, it should just be “id.” I think this summer was really good for me. I thought for sure I wanted to do criminal law, but now I am not so sure. Some stuff that seemed really boring to me (tax) came up in something I had to do and it was the best project I worked on. Read “The Brethren” by Woodward & Armstrong (not Grisham). Great book. One week left in Tally-town.

Hmph.

2005-07-04T15:23:00.000-04:00

Research. This summer I have been doing lots of research on very minute issues. I realize I have a serious deficiency. When I get back to Miami I am going to bother some professors and ask how they organize their research. Here’s what happens. I get an issue to research, maybe I formulate a question – sometimes pretty broad: “Can _________ do ____________ in light of ______________?” or (more likely, actually) “How can we do ________________ anymore in light of __________?” So I go out into the world and start to research. I get a little here, get a little there, this leads to that which raises a new issue “this”, and that issue lead me to “there”… before I know it, I am all over the place. Tons of info, paragraphs from 1 case here, 3 pages later, another paragraph from that case… I start to get out of control real fast. I need to figure out how to organize myself, but I can’t really do an outline, because a lot of the research has been – “See what you can find out about X in light of Y.” So, really, it is wide open – like a mini treatise on a very small issue. I need to see how real people tackle huge articles.

More Advice From a Know-nothing

2005-07-02T16:32:00.000-04:00

Don’t believe the hype. I want to address some of the BS. For those entering the 1L fray soon, it is probably too late to tell you to stay clear of all these “How to Survive Law School” books. Maybe this will reach the folks starting next year. You probably won’t take my advice (I wouldn’t have either), but for what it is worth, they are stealing your cash. It is all a royal pile of bunk. Let me save you 12 bucks: Try to learn. You will work hard your first year, no doubt, but it is completely manageable if you have perspective. If you want to be super cool and hang out every night – well, good luck in your spot on the SBA, I’m sure it will look a lot better on your resume than the 3.75 GPA and the 4/400 class ranking on that dork’s resume who was always there in class everyday. I’m sure the OCI folks will be very impressed with the parties you planned. Okay, not everyone can do super-duper well – although there is no such thing (in my opinion) as a “natural” at the law, there are some who just click into the grove faster than others. However, you won’t really know where you fall until you take your exams. So, why not kick it out and have no regrets come grade time. If you skip class, IM while you are in class, totally depend on canned briefs – well, good luck. I used no canned briefs my first year. I got as many outlines from the previous students who took the classes I had and used NONE of them. I wanted them, I thought I would use them, but in the end who has the time to do all the reading and then read through someone else’s outlines (probably like 5th generation outline at that). Also, when outlining, if that is what you chose to do (I did) – make it only 5 pages or so MAX. Then, memorize this outline. This is what I did for all my classes this semester. I was ready. Open book tests are a fake. You will have little time to look through a 30 or 50 page outline. A “killer” outline is useless if you have no idea what you are looking for, and if you know what you are looking for, you don’t need the killer outline. Examples and Explanations! This was the only commercial book I used. They are great. If you have time, read the pertinent section before the reading for class, then during reading week use it to solidify some concepts you might be shaky on. Participate. No one wants to be a gunner – but a gunner is way different (in my opinion) than the people who are engaged and have usefull things to say. ASK QUESTIONS!!! I asked many questions when I didn’t quite get what was being said. Press your professors if they are leaving you hanging. You are not the only one wondering something. But REAL questions. Not stupid hypos that no one (including you) care about. No one is impressed that you thought of the scenario where, “what if the kid didn’t know there was a dock there and he was blind?” Get bent. And no questions you know the answers to. No one is impressed that you know the elements of some damn tort. Don’t show you know through a question. No one cares, and you are a gunner. But if you have a real question, if you disagree (within reason) with another student’s take, say it. My Crim Pro prof was great at starting these kinds of conversations – and when the class was engaged, even just 5 or so kids, it was a good class. Blah, blah, blah…

Exam Advice-ish

2005-06-28T19:16:00.000-04:00

Okay. The ole LawFool did pretty alright this year. Now, I notice my blog (which is never updated) has some readers hanging out for an extended amount of time. These, no doubt are pre-1Ls who are chomping at the bit. Welcome! You are about to have a really great year. You are (hopefully) going to learn a lot – about the law and people. One piece of advice – don’t sweat it. You will find a friend, you will be able to do everything asked of you. No one gets eaten alive in law school. Now, the obligatory advice for exams. Here is what I would tell you, take it for what it is – advice from a person you’ve never met. One professor gave an ‘exam taking’ talk in the first semester. He had a lot of good tips (he named them things like “cabbage” and “pinball” to help you remember – pinball was not to bounce all around from point to point. Stuff like that). Anyway, I didn’t have this professor in the first semester but I went, I listened, I took bits and pieces. The one thing he said that I had the toughest time with was to answer the question asked. When you take an exam you really want to prove how much you know. It is scary to follow advice like this. I mean, think about it. Let’s say you just spent 3 weeks going over adverse possession and easement; then you studied the hell out of the topic for 3 days before the exam; you get into the exam and there is nothing at all on easements or adverse possession. It must be there, and, sure, you can find a somewhat far-fetched way to work it in – you must prove what you know. Well, I did this my first semester. I tried to prove what I knew. I think this ended up in me being way too rushed and stressed in the exam. Instead of me kicking back and getting really dirty in the tough issues, I would simply spot them, IRAC them, and quickly move on. I never developed them well – just bam, bam, bam. Don’t get me wrong, I did decent, but I really hit it in my second semester. In my second semester I had the prof who had given the talk earlier. I liked the guy. He really did a lot to help get his class prepared for the subject matter. All that BS you hear about hiding the ball – bull! This guy gave you all the tools you needed to succeed. I figured if he was this good in his class, there was no reason to doubt what he was telling us in the talk. I believed he wanted us to be good, and was giving us great advice. Sure I was afraid that even though he might mean what he said, other profs might ask a question, but really want an info dump. However, I decided to risk it. All or nothing (with a small hedge I’ll tell you about shortly). I decided to go with it. IT PAID OFF IN EVERY CLASS. Here is what I did: 1) Study. Go to class. Pay attention. Participate. Learn. Exam time: A) Read the exam all the way through. The whole thing. Don’t worry if the dude in front of you is writing like an exam monster – all the better for you. As you read, make little notes about what comes to mind (underline some stuff you see that is important, but don’t worry, you’ll be back through). If you know the material, you should have a good idea of what is being asked, and what isn’t being asked. You should see that “Ripeness” is in question 3, so don’t write much (if anything) about it in question 1 and 2. You can mention it, but just briefly – even note that you will get deeper into this in question 3. It shows you are in control. And, it shows you are aware of your time and the professor’s time. B) Outline an answer. Nothing fancy. 1. This a. sub this 2. That a. sub that b. sub that again. Just a real basic roadmap. If you freeze up, just pick the biggest point and think of the elements and the questions you need to answer to come to a conclusion. C) Write – But here is the key – Talk to the professor as you write. This isn’t a memo on the law for a Supreme Court justice that you’ve had days to prepare. It is a down and dirty exam. With that in mind, write as clearly (and legibly as you can). And all the while, keep having a conversation with the prof ANSWERING THE QUESTION ASKED. Example: “Alright, in question one, I think you really want us to talk about X and Z. So, I am going to spend a good deal of time on that. However, I also see the possibility that A, B, and C need to be addressed. I do not see any indication that E and F are an issue because K exists, so I am not going to spend any time on those. If I have any time at the end, I would like to touch briefly on P. X, blah, blah, blah…” Okay, not the most elegant, but it seems to work. Because you read the problem you know what is important. We tell the prof we recognize that. We also say that there are some smaller issues which need to be discussed. We also say what isn’t present in the problem, but ever so briefly – NOTHING LIKE THIS: “We need not discuss Respondent Superior because Matt was unemployed, however if Matt had a job, then we would need to show these 4 elements. 1) blah 2) blah 3) blah” Do you see what happened, you changed the question from what the teacher wanted to something you felt comfortable about. You are going to get NO points for this crap. This is what I mean by answer the question. Next point – WRITE WHAT YOUR THOUGHT PROCESS IS. Don’t just dismiss something in your head and not put it down. It may seem obvious to you, but show the prof you know why things should be dismissed. Assume nothing! Pretend you are talking to a person who knows everything but has no capacity to put the pieces together themselves. If the question asks about adverse possession and the person in the hypo had his car parked on the guys yard, outside, for 30 years – sure there is not much in the way of arguing open and obvious, but SAY IT! “Here there should be no problem with the open and obvious element of adverse possession because….” Don’t just dismiss it as so obvious. You get no credit for what (of importance) stays in your head. I’m tuckered out… maybe I’ll write a part two soon…

Booth Rules

2005-06-12T11:43:00.000-04:00

Look, if you come into a quasi-fast-food restaurant with booths, and if you are by yourself, and if you are planning on sitting at a booth, and if you pick a booth right next to a booth already occupied - it is your duty, your honor, to sit NOT facing the person in the other booth. We all sit face forward! I don't want to look up from my burrito and stare into your face. I want to see the back of your head. Get here earlier if you'd rather sit facing the outside instead of the kitchen. Then, I'll do my duty and face the same direction. What the hell is with people these days?

Ahhhhhhhh, yeah...

2005-05-21T20:16:00.000-04:00

One day more. The people I am renting a place from while in Tally are an older couple. The guy claims to be a professor at FSU. He wasn't listed on RateMyProfessor, but I did find him in the FSU bulletin - so, that part of his story checks out. He told me his wife lost the check I wrote them. "Okay... so, you want another one then?" Wrote it, then called my bank to stop payment on the first one. Nice old couple or not, I'm not risking it. The internship starts Monday. I have one more day to goof off, then it is nose to the grindstone. I feel ready to go, but am a little pensive at the thought of doing work that might really matter. And, doing work that has some time limit on it. In law school we had way too much time to drag our feet before having to get our butts into gear. And what of Tally? Again, the town is a hick-hole, no doubt - especially in the summer when fewer students are here - but I am in love! Look, unlike MIA, it doesn't take an hour to go 10 miles. You can transverse the entire length of Cap Circle (a road that goes around the perimeter of TLH - like 285 in ATL) in about 20 minutes. The airport has 6 gates - its runways don't even qualify for "international" status. No beach though. Not too much diversity in its populous either. I do like the Cuban flair of MIA a lot. And, as with most capital cities, the transient population seems a lot more active in TLH. But the house prices are decent (maybe that is because there are only 4 movie theaters, two malls, and one Target store within 200 miles). However, there are 5 Firehouse Subs. And the babes!!!!! Okay, MIA has its fair share of fine ladies, sure, but in TLH, with FSU, the ladies are in such a high concentration. Year after year. And, I'm astounded by the consistency of TLH. Same businesses, year after year, a little change here and there - a Starbuck's or two have popped up, but it is still full of locally owned niche places - Condomology and Rick's Toybox seem to be battling it out for the porn DVD market that used to belong to good old Video 21. But, all in all, the town hasn't changed. Again, not a place you'd come for to vacation - and my kids might be meth addicts (if I had kids, and raised them here). But for now, nostalgia, she has a hold of me.

Tally Town

2005-05-19T22:58:00.000-04:00

Back in the Tally-town for some of the summer. I can't talk about my summer gig, but I can talk about Tally. The most striking thing is how much at ease I feel here. It is one of those "take it or leave it" places while your here as a student, but when you come back you realize how much you like it. I doubt others visiting for the summer will feel the same way. It is something that grows on you after spending years here (undergrad took me a while). First impression (undoubtedly the impression that others will leave their summer stint with) is dirty, run-down, boring, hick-ish. All true. But what it isn't - crowded, fast paced, remarkable. Tally is an unremarkable town, and I love it! More to come...

Happy List? Ridiculous Endeavor

2005-04-26T19:39:00.000-04:00

Scheherazade writes about making a list of the truly happy people she knows. She realizes, to her dismay, few people she knows are truly happy. She laments at this. I say, the whole notion is a ridiculous endeavor. Although I know the key to true happiness for the remainder of your days, I also know that you will never be able to find it in others - accurately. How can anyone else know who is truly happy? A brooding oaf in the corner? Will he make the list? What about the carefree dude, bopping around, always willing to lend a helping hand, then runs his car into a tree? Nonsense. Want the key to happiness now? Here it is: You will never fill the hole inside of you - never. All the things you want to do, to buy, to see, to be, they will never fill the hole that aches deep inside of you. For some people the hole is huge, it pains them everyday, and they desperately try to fill it up - for others, it pangs only every so oft, but when it does, they pause, the get melancholy. The KEY TO THE WHOLE THING - is understanding that the hole will never be filled. And to understand that the feeling of boredom, sadness, despair, depression, whatever that comes along with the hole, it will keep coming back. No matter your success, the size of your house, how many smoking babes you rock - the hole has a ravenous appetite. If you understand this, understand that sometimes the hole is content in whatever success you fed it last, and that the meal might last for years, that eventually, inevitably, the hole will be back, because it always must be fed, well that is the key. Know it is there, it is a part of you, and know it will always remind you that there is more to do, like it or not. This hole is what made Einstein spend the last half of his life working on the Unification Theory, it is what makes millionaires reach for more and more projects and adventures, what makes law students strive for the A, it is what drives all of us. If you know this, embrace this, and don't despair at this - well happy you will be.

Cyborgs

2005-04-24T07:34:00.000-04:00

All of you with ear pieces in your ear for your phones. Those little Bluetooth ones, you know those cool little ones that put the world on notice that you, my friend, you are with the times - technology, well, it has not passed you by, no sir, quite the contrary, 45-years-old you may be, but that doesn't mean you aren't "with it" - you embrace technology, you are in the age, baby - YOU LOOK F*ing STUPID!

4th Amendment in the Real

2005-04-21T18:50:00.000-04:00

Seems that the person above me who kept dropping things at all hours of the night was not some sort of troglodyte with a neuro-deficient disease. Rather, they were just a group of crazy kids running a hydroponics marijuana lab. There was a blowout in one of their pipes and the entire laundry room was flooded (they have a 2 bedroom partly above my apartment and the laundry room). When the landlady got word of the deluge she went upstairs to see what was occurring. She was denied access by the occupant, so she called the fire department (probably the police too, but the FD got there first). The FD came in, opened the door, and stopped the leak. Of course, they saw all the weed growing. Well, the FD did one thing before they left, they opened the blinds on the front window nice and wide – you know to have better lighting in order to rectify the leak… right. Now the police arrive, ah, but the exigent circumstances have passed and there is no reason for them to go into the apartment (at this point the occupants had – intelligently – left). So, they get a statement from the fire department, look through the window and see plants, bongs, Reservoir Dog posters, and go see the judge. They plant a cop right in front of the door to stop anyone from going in. A few hours later and the whole crew is there, with warrant in tow, tearing up the joint. The news crew on the scene is playing up the “Day care center right next door to this house of sin – are your children safe anywhere?” angle.

Big dumb lawyer. Big.

2005-04-20T13:22:00.000-04:00

This guy is a moron, but look at his picture. Damn, that is a big lawyer. http://www.theolympian.com/home/news/20050419/topstories/128456.shtml

Mrs. Lovejoy: "Will someone please think about the children!"

2005-04-16T16:24:00.000-04:00

I went to this Educate Tomorrow thing at the school today. It came at a very bad time as I am hard at work readying for finals. However, I want to help and there ain't no time like the present. I saw very few law kids there. What happened to changing the world, people? It was funny to see many of my fellow law students abandon ship when all of the mentees invaded the bricks for lunch. The idea is that these foster kids are aged-out at 18. They need help getting into schools, filling out financial aid apps, getting funds from the state, etc... Since the kids are of no value to the foster parents once they turn 18 and the money stops, the program seeks individuals to be mentors and see them through the process. So the one guy I know got a 16-year-old kid who has aspirations of being a pilot or chemist or something one day. The second dude I know got a kid who is real active in sports and has a few schools already picked out. I got a 19-year-old who is already aged out. He is getting his GED, but hit a little bump in the road, what with his strong arm robbery trial coming up in about a month. Apparently, my mentee (God help both him and I) showed up at the end of all the classes that this program puts on. Life management stuff, motivational speakers, good stuff. Well, he is not "allowed" to have the info packet because he didn't attend the meeting. "Come back in October" one lady tells him. Give me a break. It is hard to help these kids out when you have disdain for them - not everyone is cut out for this shit. Obviously the woman giving "Come back in October" advice is one of them. Okay, he didn't take the classes, so he doesn't get a backpack - fine. But I was trying to set him up with a bank account so he didn't have to keep giving 25 bucks to the check cashing store and then holding 800 bucks in his pocket for the month (or few days, since I'm sure it is spent pretty quick - I mean, if he held onto it for any amount of time, the strong arm robbery wouldn't have gone down, methinks). Well, turns out that they give these kids 50 bucks for their bank account - fine, my guy doesn't want the 50 bucks, he just wants a bank account! Now he needs to wait until October. I was about to drive him to the bank myself. Finally the woman relented and allowed him to fill out the bank paperwork, but NOT get the $50 voucher. Fine. I told him to "strong arm" a few of the other kids' vouchers on the bus back home. Also, I didn't notice very many students from the Children and Youth Services group from the Ethics and Public Service program. Hmm... strange... in their interviews they were all about helping the youth succeed. Funny how things work.

2005-04-12T14:40:00.000-04:00

Foreign students seem to know way more about the politics of the world compared to many of their American counterparts. I guess that’s what comes with us Americans having the world’s current longest running continuous method (active method) of government (I think that is right unless there is some little principality somewhere – the Vatican maybe, San Marino or something – maybe I should qualify it further by saying out of the countries that hold sway in the world…and are bigger than 10 square miles) in the world. It is fun to here them talk about those East European countries that no longer exist and realize that many were born citizens of a country that has vanished into the world’s history books. A couple guys insinuated (well, came right out and said it) that my 4th amendment disposition was tilted towards raging liberal. They couldn’t say just what I had said over those weeks, but they said they were flummoxed by my apparent “switch” when it came to the Miranda/Massiah line of cases. Nonsense. Although I’m not quite ready to abandon the exclusionary rule like Scalia or Thomas when it comes to the 4th amendment, I have yet to hear of a better way to insure my rights are protected other than civil lawsuits. Until then, I’m okay with the way things are going – shit, there are so many exceptions to the exclusionary rule, the cops should be able to get the job done pretty well – As for Miranda, I think it is a wee bit on the lame side. This blanket rule about un-mirandized confessions being per se coerced is just wrong.

Rant

2005-04-11T15:22:00.000-04:00

It hadn’t occurred to me that someone would get a “D” in a class as controversial as Elements. The grade distributions have been posted – and it seems that some students did, indeed, get a “D”. For those of you not in Chicago or Miami, the Elements course is - the ideas embodied in the Bramble Bush come to life - (sort of) I like to think of it as: “You’ve read the book now see the movie!” The idea (or, at least, my take on it) is to treat the study of law as a liberal art. The idea is that students should do a lot of outside reading, and that class should be reserved for a detailed look into a very limited range of cases. Really take them apart, line by line almost. See the tools a good judge has at his disposal. See how good advocates can work and bend the law to fit their cases. She how bad judges get it wrong. See how bad advocates don’t advance their client’s cause, but more importantly, how a good advocate can help a good judge effect change in the law. See the organic law creep and spring and wither and morph and on and on… Sounds great, right? Ah, but the devil is in the details, my friends. The premise is noble, but the assumptions supporting it have become eroded. The assumption is that law students are at law school ready to immerse themselves in the law; That many students who come to law school do so for the study and not simply the vocation of law. This is no longer the case for most. Law school has become all about the grades. With 100K dollars in debt accompanying many student’s degrees, you can understand why that might be the case. Basic market forces at work here. Supply and demand. There are lots of law schools out there and lots of law students within them. Factor in tradition and the law school rankings, and it becomes pretty clear, pretty fast, that a student better do well if they want to get off on the right foot. This does not lend itself to the noble pursuit of the study of law, rather, it lends itself to High Court Briefs and Emanuel’s Outlines. So you have Elements. The idea of what law school should be for all three years, stuffed into one semester. It is no wonder why so many students question just what the hell Elements is all about. One prof. suggested it be renamed Reading and Understanding a Court’s Opinion. This would do wonders to clarify just what in the hell it is we are supposed to be doing, because like it or not, that is all Elements has come to be. It isn’t a liberal arts approach to learning the law, it is one semester of a failed attempt to creat scholarly law students. There is no reason why anyone’s first year, their most important year, should be crushed by a “D” in such a course. Elements does not accomplish what it was intended to do, and it should not, therefore, have such destructive powers. I don’t argue that the student didn’t, possibly, deserve a “D” based on performance on the final, what I do argue is that if such a course be required, and is such a course fall so short of what it was designed to do, then such a course should be weighted accordingly. Elements is a square peg in today’s world of law school.

South Park

2005-04-11T12:16:00.000-04:00

This doesn't look anything like me.

Misconceptions

2005-04-11T11:37:00.000-04:00

I went to my first law school party this weekend. One of our section’s nicest girls was throwing it. She really tried to rally the troops and get everyone to come. Being that she is so very nice, and that I have yet to go to a single “gathering” (save for running the law school 5k, and by running I mean plodding along like a wounded sloth), I thought this would be the perfect shot. I had a really good time. Of course, I did get drunk for only like the 8th time in my life. JD puts it around 11 or 12 times, but I know several of those were faked so I didn’t have to keep listening to her yammer on about something or other. There are a lot of nice people in my section, and in law school in general, and when you have a little nipper going on, you tend to be more outgoing. However, there were still the few that have yet to even nod in my direction. What is their problem? Assholes? Jerks? Conceited? Probably a little of each, but then, the same can be said for me. What it really boils down to is misconceptions. I am not outgoing, at all. I talk in class, but mostly it is because I am interested in learning the law, not because I like to be noticed. Outside of class, however, I am reserved when it comes to meeting people at first. Once I meet you, we talk a few times, then I am more friendly, but at first, mums the word. This leads to misconceptions about me. Probably, I realize, the same misconceptions I have about others. I’m sure I appear arrogant, asshole-ish, jerk-ish, whatever… I don’t think there is much I can do about it though. I yam what I yam. So, you get a little drunk, you go to a party, you chat it up with this guy or that girl, and you have a nice time. However, there are still some who look at you with disdain at the party and afterwards – all I can say to them is… well, nothing. I’ll continue to be as sullen as ever. It isn’t that I think I am better, quite contrary, in fact, I find some of you to be smart, funny, and seemingly fortified with value-added insight – but, all the same, you can suck it. And, I too, will suck it all the same. This brings me to my next point – why can they, and me in reciprocal, suck it? Because, in the end (and the road to the end) respect and friendship just can’t be had by all. Some people will be friends throughout life, others will fall to the wayside, and others will simply be little puffs in our peripheral vision. The warning in law school is “Be nice for you never know who will be a judge one day!” Okay, but what the hell does that mean? Does that mean I have to be friendly and chatty when I’m not, because I don’t want people to mistake my silence as arrogance. Well, it ain’t ganna happen, so I’ll just have to take my chance that not IM’ing some person (or in my case, any person) will not lead to my demise as an advocate on the planet Earth.

Fin?

2005-02-16T21:16:00.000-05:00

Folks, I think this blog is done. I am writing somewhere else now. The whole lawfool thing wasn't curling my toes anymore. I am a blog washout, but only here. I live to blog on... only somewhere where I don't have to be an eager, but dorky law student all the time. Peace

2005-01-26T01:32:00.000-05:00

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.

Boo-ya!

2005-01-24T21:13:00.000-05:00

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.

2005-01-24T11:48:00.000-05:00

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

2005-01-24T11:47:00.000-05:00

Sweet and smooth.

Never Forget...

2005-01-24T11:44:00.000-05:00

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

Oh, bother...

2005-01-23T14:09:00.000-05:00

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.

Fear Not...

2005-01-22T19:38:00.000-05:00

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

Torts Prof. MIA?

2005-01-21T13:41:00.000-05:00

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.

Grades

2005-01-20T15:08:00.000-05:00

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

Lawfool, where are ye?

2005-01-18T11:20:00.000-05:00

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.

Holiday Break

2004-12-25T21:48:00.000-05:00

More musings and pictures comin' soon.

2004-12-17T01:42:00.000-05:00

I can't wait for Christmas dinner! This guy is a real treat. Goes to church every sunday without fail, then comes home to yell and scream at whoever is dumb enough to still be around (sadly, It's only my mom - stupid woman).

2004-12-16T13:50:00.000-05:00

First semester reflections – Grades: Let me say this, I think I can go head to head with everyone in all my classes and hold my own. Will this be reflected in the grades I receive? I’ll tell you in a month or so. My guess is no. Does this mean grades are arbitrary? No. Does it mean that grades are a strong indicator of who are the strongest student? No. It means that the student who gets the good grade did very well on the particular professor’s exam. One torts class might have a four hour essay while the other might have 150 multiple choices, does one contend that the student with an A in the essay exam class will do the same on the multiple choice test? Maybe, but possibly no. I wish at least one of my tests had been take home too (probably the best way to really test what students can do – like a real lawyer would). I’d love to see a battery of profs. 1 K prof, 1 torts prof, 1 elements prof, and 1 civ pro prof. They just grill you for an hour. That would be great. They wouldn’t even have to be your profs. I’d like that. Classes: Too many students in one class. This makes it easy to drift off. Also, classes don’t really matter too much come exam time. Read the E&E’s and show up. For all the policy and doctrinal crap, it doesn’t do too much good come exam time. It may serve to make you a better lawyer, understanding why thinks are the way things are (I guess), but strictly speaking tests, toss it. The class I was most prepared for was Civ. Pro. The class I liked the best was Contracts. The class I least liked while in class was Elements, but I liked the stuff I read on my own. Torts was a good glass, but not as fun as I had hoped. Life: I did most of the work I needed to do during the day, so I was not strapped for time at night. I had dinner with JD every night. Watched TV on and off. Studying did take over my life the first few weeks and the last couple before exams, but I felt like I was balanced well. Change of Life: I found myself questioning my choice to go to law school not because I didn’t like it, but because I questioned the futility of it all. Will I really end up doing something better with myself, or will it be back to making money and planning my next vacation? I hope it is worth it. I don’t love law school, but I don’t hate it. I don’t see this as the best time of my life, and I doubt I will when I am away. When I was an undergrad I was conscious that it was a great time in my life. I knew I was living in a time that I would never repeat. I appreciated it. I don’t feel the same about law school at all.

2004-12-14T23:43:00.000-05:00

The end is near!

Cafe Living

2004-12-14T02:03:00.000-05:00

I don't know if anyone likes my little drawings, but it is all I can muster these days. I see lots of great people at the cafe. Leach Guy was actually a woman today. She had some smelly food she was eating and she kept making these smacking noises. I wanted to kill her! I have to buy a coffee, at least. I don't want to be there with nothing on the table. Especially when I am all by myself. These Starbucks Barnes & Nobles places have a good product. Clean, well-lit, sturdy tables... all they ask is that you pay 5 times the price for a cup of coffee, but, hey, it is still a good deal for the 6 hours you'll be there. I just wish I could hack into their wireless network...

2004-12-14T02:01:00.000-05:00

Leach guy never seems to buy anything from cafe or bookstore. Just takes up space and makes slurp noises.

Drawing

2004-12-13T04:38:00.000-05:00

I drew a picture. It is too small on the blog, but you can click it to see the whole thing. I was miffed at this lady today.

2004-12-13T04:37:00.000-05:00

Scenes from a cafe

Depression

2004-12-12T13:48:00.000-05:00

Man. You go to class everyday. You read all the cases, you really do know your stuff, and then you fudge it all up in the 3 hours you have to prove it. Weak. Torts = I did shit! I was incoherent. I rambled. I didn't argue well. I think it was a disaster. Depression meter = don't talk to me, I am a loser. Elements = Your guess is as good as mine. I did a fair job, but I'm sure so did everyone else. I didn't set the test on fire, but it wasn't DOA either. I don't know. Depression meter = I'm still thinking about torts. Elements didn't help. Still, don't talk to me. K = I feel better. I did pretty well, I think. I hit some points others didn't, I left out stuff others wrote about. I know why they say don't talk about the test afterwards. I wrote for the entire 4 hours. I had lots to say. Depression meter = Slightly better, but still bummed about torts. Next? Civ. Pro. Study, study, study.

No Posts?

2004-12-10T09:52:00.000-05:00

What gives? Where are the darn posts? Well, I just haven't been feeling posty. I have been reading and outlining and coffee drinking. I will have soem crap to see in a bit. Cheers.

My Funny Joke

2004-12-09T13:58:00.000-05:00

Q: How do you know you masturbate too much? A; Your hand doesn't cramp up at all during your 4 hour exam. It is hot in Miami, people. Since JD's little car crash I have been walking to campus - about 3 miles. Man, oh man, it is freakin' hot! I am wearing dark colored shirts to hide my sweat.

Countdown...

2004-12-07T08:46:00.000-05:00

Okay. In a few hours I take exam number two. I am still a bit miffed about my torts exam, but a couple of well-wishers told me they felt like the bombed every exam they took and did pretty good in the end. That is nice of them to say, but I know I blew. As for today's exam, well... most will tell you it is a crap shoot in this class. The prof. wrote the book - so there is no room for bullshit. He has over 200 exams to read. It must be excruciatingly boring. I plan on drawing little pictures (maybe even a few risque ones!). I figure this will separate me from the rest of the dopes taking the exam. And I am using purple ink. I also have a glue stick with glitter in it. I am going to make a glue-glitter heart on the cover of each bluebook. The prof. is a Haitian rights dude - so, I will also stay clear of any Papa Doc references (which I normally use tons of in most aspects of my life, including exam writing - not too sure if Baby Doc references are okay). We read a Plato book called Gorgias for the class (trying to show us that a virtupus life is the best life). I don't think you can teach someone how to be noble. And the book is premised on one having a concern for their soul - what if you don't buy this soul mumbo jumbo? ANYWAY, this is for another post - the point is, if he has an question on this book, instead of some long-winded answer, I'm just going to write: "Stotzky, I think you are Gorgias, darling!" Get it? Gorgeous, like Gorgias! Hilarious!

Bustas

2004-12-06T20:16:00.000-05:00

For all you bustas in law fool to rock it hardcore, this is for you.

Flamed!!!!

2004-12-03T14:33:00.000-05:00

Thoughts after first exam: Holy shit! Let me say this, I suck. I wasted too much time on the 40% question and ran out of time on the 60% question. My paper probably reads like a chimp wrote it or, worse than that, a CSI script. No Harvard for me. I have 3 more exams to go. I can still salvage this semester. On the plus side, many had the same outlook as I. Only regret was being a slave to the order of questions. I am too much of a moron to realize I should have started with the 60% first. I never looked at my outline once. I blow.

Vocab

2004-12-01T16:43:00.000-05:00

Words no longer figuring prominently in my vocabulary: Laid-off Req. Load DDTS Bug Defect Deadbeat-loser-developers Deadbeat-loser-coworkers Server Unix Reboot Chipotle Deadbeat-loser-Sri Lankan Fiber Millie RIF Meeting Weekly Reviews Raise Words now figuring prominently in my vocabulary: Outline Study Tort Elements Contracts Civil Procedure The Rat Sleepy Read Library No comprende Espanol Broke Horseshit Finals

For My Old Crew

2004-11-30T16:14:00.000-05:00

To all you fiber optic slaves: I've been waking up around 10:30 each day for the past week. I usually watch TV for a few hours, then go and chill at Starbucks. It can walk there from my house. It is a two-story Starbucks with a great outdoor patio. The ocean breeze comes in and makes the 80 degrees feel more like a cool 74 degrees. Here's looking at you, kids.

The library be all packed an' shiz

2004-11-30T15:56:00.000-05:00

Yo! What all you bitches doin' up in ma' house? Word. You best recognize. All you action hoes betta move on out! Lawfool be comin' down wif a handfull of pickled sausages and some stink-ass cheese and shit to stank up the 2nd floor reading room. Word. Lawfool goin' tah no shower mode. He ganna stank the whole place on up so he can git him some space. Damn! You betta step-off if you be seein' Lawfool ride on up. I needs me some outlets and shit. I needs me a phat wirelezz lan connection. And you betta not let me catch your ass jammin' up the second floor printer and den doin' nuttin' 'bout it. Word. If I see a jammed up copier - I am ganna go whack-ass-crazy all up an' down yo' ass with ALL the mo' fo' Restatments Second of Contracts! You best believe dat!

Stuff

2004-11-29T17:43:00.000-05:00

Stayed home to study today. I also did six loads of laundry. Some chick had left her clothes in two of the dryers for who knows how long. We only have three dryers here and her clothes were not warm, it had obviously been quite some time. So, I decided to do a little self help and remove her stuff myself. I was concerned that she would walk in just as I had scooped up a bunch of her panties and accuse me of being some pervert (which I may very well be, but I have no panty fetish - unless some Swedish chick happens to be in the panties at the time...). Anyway, I did all my laundry and the clothes were still unclaimed. I also was approached by the maintenance/clean-up guy for my apartment complex. He is about 4 foot 9 inches, has these enormous coke-bottle glasses, and wispy thinning hair. A human Muppet. He walked up to me as I left the laundry room and said: "You know how to set beep-beep?" It was in a very heavy Spanish accent. I didn't catch what he was saying at first (not that I would have known what the hell he meant if I had) - I normally would say "Excuse me?" But his breath was horrific. I was already tearing up when he said this one sentence. Asking again would bring me more pain. He mistook my scrunched up facial expression as a questioning look and thrust a pager toward me. "You can set beep-beep?" I nearly fell backwards. His breath was as if he had swallowed a rotten animal, a sheep perhaps, who had, itself, swallowed a smaller, more pungent rotten animal, who had, in turn swallowed a still smaller rotten animal, and on and on... Turns out he wanted me to set the time of his pager. It was correctly set, but it was set for 24 hours and the 14 o'clock was confusing him. Tomorrow I think I'll go to Starbucks. It is nice there, however the Civ. Pro. tool who was too cool to let me join his study group earlier in the year has set up shop there. I don't know if it is the best place to study, but this dork makes me want to go everyday. I need to think of ways to annoy him.

The Slog

2004-11-29T10:03:00.000-05:00

How the hell do you study for a week? How the hell do you study for 3 days straight? Look, we have been taking classes since August. None of us have jobs. We should already know this stuff. I am pretty much outlined out. Now what? Read the damn E&E again, I guess. Drink a lot of coffee and reflect on life? I find myself thinking more and more about my previous pre-law life. The life where I had money. I liked the guys/gals a lot where I worked and life was pretty freaking sweet. While I was there I realized how boring life would be for me if I kept at that job for the next 4 or 5 years, from then on out I’d be stuck in that line of work forever, but I gotta tell you, it sure was comfy. I look to that job as I sit in my one bedroom apartment – no money for Christmas – and long for the easy life. It isn’t that my life is hard now, it is just that I am longing to get on with it. I am not savoring the time in law school. I think it is the classic case. Grinding while you are there and then looking back at it as some of the best days of your life. I also miss just goofing around with people I had come to know over nearly four years. Alas – having your cake and eating it too. Bramble Bush was a slog, but Intro to Legal Reasoning was actually pretty darn interesting. Bramble Bush: It is a book about what one guy thinks legal education should be and how a student should proceeded. He tells you what a good lawyer will do as compared to a mediocre or poor lawyer, he talks about being a skilled lawyer, learning the rules, knowing the flow of the law, etc… The problem I have, is that it is a book by a guy who I know nothing about. All I know is that my professor says it is the right stuff, but I think you need to know and respect the person writing a book like this before you take it to heart. It isn’t that I don’t think I could respect the author, I’m sure he is very smart and, obviously, he is well respected, but a book so connected to the ideas of one man, well it makes the man all that more important. Intro to Legal Reasoning: For a good bulk of the book, the author takes a legislative act called the White-Slave Trade Act and shows how courts interpreted it. It goes from an act passed to stop the commercial trade/transport of women, against their will (often violently so) for the purposes of prostitution – to an act used to prosecute a man for riding four blocks with a prostitute, on her own accord, in a taxicab. Pretty cool stuff.

EOS and such

2004-11-28T07:48:00.000-05:00

Well. Thanksgiving consisted of another drugged out coma with JD's family. This time it was only one of her family members. A few years ago it was her uncle and his boyfriend so freakin' drugged up they were wetting themselves (yeah, that kind of wetting) and eating food literally by the fistful. JD's sister manages a candy store, I'll call her Wonka - well, she brought a huge chunk of fudge and the drugged out uncle stuffed the entire chunk in his mouth. It split into two and dripped out of the sides of his mouth. I really wanted a piece too, but not after that. This year, the one guy was just so gone that he collapsed on the couch. He did leave Wonka (the host this year) a Thanksgiving card stuffed with various narcotics (as far as I know, Wonka doesn't partake in these sorts of things). Fun stuff. Then it was off to my sister's house. It was a much more subdued affair, however a little kid was hurt when a bookcase fell on him (he was climbing it at the time). Of course, I could only think of the tort implications and the classification of all of us (public invitees, but the public doesn't really matter since FL has merged the standard of care for both business and public). On the way home, he car (our 1996 junker. It is all we have since the Hyundai was crushed. The insurance companies are all dragging their feet) - anyway, it was making a horrid grinding noise when we braked. When I looked in the morning, I found that we had zero material left on the pads. The rotors were gouged out. So, I spent the morning changing the rotors and pads on the car. Fun! I had planned to study on Thanksgiving and everyday thereafter, but it has been slow going. Yesterday was the first day I got going and it wasn't much. I was able to devour the Bramble Bush yesterday, but that was about it. Hopefully today will be better. I plan to start with a big bowl of Cinnamon Toast Crunch. That should get thee juices flowing.

Brake Job?

2004-11-25T23:40:00.000-05:00

Any place in Miami that aren't crooks? Thanks.

Thanksgiving

2004-11-24T15:46:00.000-05:00

So, JD and I moved down here to be closer to family. We both grew up in South Florida and wanted to be back home. Atlanta was fine, but home is home. We were excited to be close to our family, but the sad fact is, they have only been to Miami to see us once. We, on the other hand, have been to Ft. Lauderdale dozens of times. JD goes way more than I, but nonetheless… So, about a month ago, this started to get to me. Not that Miami is so happening, but there needs to be some equity. I was a little flummoxed. I decided I would not go to Ft. Lauderdale again to see my family until they came here a few times. That means missing Thanksgiving. I am okay with this, but JD is afraid of the wrath of my sister. It makes her plead with me and call me “jack-ass” and such. Fun times. We are going to her sister’s house for Thanksgiving. It is going to be a swell time. Two of her Uncles are gay. This is just fine with me, but I say ‘gay’ a lot when I talk. “Dude, that’s so gay.” Or, while playing a video game, simply “gay!”.

End of semester

2004-11-24T15:36:00.000-05:00

The semester came to an end today. Of course, we still have the small matter of finals to take care of, but it isn’t really about the grades, right? It’s about the experience. Yeah, right! Lot of people are lying to each other about how much prep they are doing for finals. Some of the people you know are cranking are saying: “Oh, I haven’t even started to outline yet.” Or “I pretty much have it all ready to go, just need to look it over the day before exams.” Don’t get me wrong, I’m sure some people are not going to outline, and I imagine some won’t study too much at all, but the ones I am talking about, you know they are full of it. It is all a mind game – don’t look too concerned – seem nonchalant – hope to lull others into a false sense of security… what a bunch of bunk. Lawfool ain’t buying it. It is study time my little chickadees, and anyone worth their salt is going to hit the books over the next 3 weeks. I know I am. No excuses. With that said, quantity isn’t all it’s cracked up to be. It is more about getting ready to take exams. Hit those outlines, hit those note cards, clean up those notebooks. The Hyundai was crushed the other day. The guy at fault has some hack-ass insurance. They are not accepting liability, so my insurance company will have to shoulder the load and then get into some sweet “subrogation” action with them. This collateral source rule stuff is nice. I think courts and legislatures that have done away with it are bunk. Why let the defendant get a windfall because I make insurance payments. They need to pay, pay, pay. Word.

2004-11-22T07:16:00.000-05:00

Study groups and stuff Saturday night I was on campus. There were quite a few of my section dudes milling about. Our torts prof. gave us a final little project to do, which involved us getting together in little teams of four or five people and hashing out a settlement for some fictional guy who slipped and fell at a department store. The “lawyers” for the defense had some confidential info about what their clients wanted and the plaintiff’s “lawyers” had info about their client’s wishes. It was a nice project, but the fact that it was foisted upon us in the last week made it less enjoyable. At this stage of the game, we are all tired. If we had been given this project the first month in, boy, it would have been way more contentious, way more planned out, way more. It is just that all this learning, and reading, and writing, and outlining, and note taking, and conversing, and reading, and reading, and reading – well, it just grinds on you. I know some dudes at my old job will say “Wha, wha, wha. Poor you, sitting around all day, no job, eating subway. How sad for you! Get a real job.” And they’d be right, really. We know the schedule. All semester long we see the end. At first, it seems so far away, so we put it in the back of our minds, but then, some egghead says: “Hey, do you realize, we only have 5 weeks left.” So then, you are in a new mode of ‘we are almost done’ – which is a total lie. 5 weeks seemed to take about 4 months. It has dragged. In a real job, you usually don’t see the end. Sure, you look forward to Christmas or whatever holiday, but it isn’t as much of a marker. It was like my last months at my real job. Excruciating. I saw the end, and I couldn’t wait to get there. This tires you out. Oh yeah, and all the mid-afternoon naps. On another note – I met with a study group for the first time this semester. Some dude asked me to join him and a few people. It was a lot better than I thought. We stayed on task pretty much the whole time. We worked a few hypos, discussed some ideas, and that’s about it. The one aspect I didn’t like was how exclusive this little group seemed to be. There was a guy from our section in the room we were going to use, and he was silenced out of the room. I told him to stay as my date, but he said he could tell where he wasn’t wanted. As far as I know, the guy is a pretty cool guy, so it wasn’t as if he’d derail us if he stuck around. If I were that guy I’d be telling everyone I knew how much of a dick the rest of us were, me included.

Wow. Miami is great!

2004-11-18T14:13:00.000-05:00

Man, this stuff wasn't going on in Atlanta. I knew there was a reason I had to get back to Miami. We have it all down here. Maybe we got the wrong Laker

2004-11-18T11:44:00.000-05:00

Best quote in a long while. Prof – “A child from the ghetto with parent who never graduated college, will not be worth as much as a child whose parents are college grads and middle class.” Student- “Couldn’t you argue that more kids are making it out of the ghetto and becoming rap stars these days?” ------------ Man. Open memo re-write. I was all in exam prep mode and then this damn open memo came into my life. Crud. Operation Crank will have to be slowed down a bit. And then we have this final torts project due. What’s up with that? Don’t these people know that your engine isn’t running full tilt (if it ever was) in the last few weeks of classes. Here’s how I’d run the show: Week 1: Classes start as normal. Work assigned, syllabus passed out. Sandbar and Crobar and Rosannebar are frequented. Week 2: All memos, class projects, papers, etc due by Sunday at 4pm. Week 3 – 13: No class. Week 14: Final ------------ JD an my sister are in a fight. This is making JD very sad. She keeps asking what she should do, but I am of no use. My advice would probably be wrong, so I keep to myself. Instead of advice, I offer cookies and ice cream. My advice would be to hunker down and never to call my sister again. I would hold out for years or the length of my life. I am still too stubborn and unschooled in the ways of the world to understand that fights happen and should not turn into full blow grudges that ruin families. Bad part is, my sister is from the same cut, so she will probably never call JD. And that would be that, except JD is NOT cut the same. She will call – my sister will fancy herself the victor and life will go on.

2004-11-16T23:38:00.000-05:00

"Oh sweet, portly, nail-cleaning, security goddess - please come and deliver me from this hell. Please make you rounds and tell me that it is time to take my leave. Tell me that I will live to study another day. Hold me tight to your ample chest and rock me to sleep. I want to dream of the cool spring air, the chirps of new baby birds, and maybe funnel cake." ----- I have a dear friend who went to the Army (years ago) and was promptly put into language school because he tested well for an language aptitude. He was sent to total immersion school to learn Arabic. He ended up listening to dudes in Egypt. Anyhow, he said the Army would reward you if you hit certain milestones. A real big one was dreaming in Arabic. It showed the subconscious was learning as well... All I dream about these days is Contracts. Anticipatory Repudiation, Estopple, etc... And today, I was watching The Family Guy, and Peter accidentally had a contract taken out on Lois. He asked the mob guy to call it off, which he was just about to do when he got shot. So Peter had to find the guy and beg him to stop. Wow. All I could think was that the hitman was in breach because a contract, if accepted, survives death. Even though the guy who contracted for Peter's wife's killing was dead, the hitman was still obligated - This, then brought up issues of legality of contracts and the death made me wonder about conditions (in that the dead guy might not have offered money, but a performance which could no longer be rendered since he is dead, so now what should the hitman do?). TV is ruined.

My Pillow

2004-11-15T22:07:00.000-05:00

Tick to the tock to the tickity tock. Man, oh man, can 8 hours just fly on by when you are outlining. So I think I may have discovered the source of dark matter. My pillow. Man alive, is it something to see. It is foam latex, do a search online – it cost me 40 bucks about 8 years ago. Before that, my last pillow lasted about 12 years. I don’t know what the life-span is for your average pillow, but JD tells me 8 years is too long. I can only imagine how many generations of dust-mites have called my pillow (and head and ears and crotch) home. It has smelled like so many things. Currently it has the sweet scent of maple syrup. I wonder how much it weighed when I got it. With all the juices, secretions, mite feces and carcasses, it surely must be double the weight now. The last soaking-up it did was my blood when I had my wisdom teeth yanked. I bled for 48 hours all over it. Mmm, mmm! If you read (or in my case watch) A Brief History of Time, you will get the story of how ole’ Steve first caught wind of his condition. He was in a pub at school and he dropped a beer he was holding. It was then a downward spiral from there on out. I think the person living above me is suffering from the early stages of the same motorneuron disease. Every five minutes he drops something. It sounds as though he is carrying around drumsticks or something. Clickity click, clickity click. It is starting to get to me. Clickity clack.

Word to E, baby!

2004-11-14T22:09:00.000-05:00

Keep on keepin' on to all my hommies burning the midnight oil in Section E! I came early and left late and there were still some hardcore E-dogs kickin’ it in the “Sweat Shop” when I left. I don’t want to meet you all in the dark alley of some courtroom – cause I know when you bring that K or torts shit, you be bringin’ it fo’ real. On an on ‘till the crack of dawn mowin’ down floss-ass outlines like you mowin’ da lawn!

2004-11-14T11:55:00.000-05:00

A gift from the powers that be has been my favorite sports teams not doing too well this year. The ‘Phins didn’t string me along at all this year, they fell on their asses straight out of the gate. Also, UM has lost two, and although the ACC title is still up for grabs, it just isn’t the same as being in the national championship hunt. This means, that I am not distracted by football, and can spend more time on my studies. Hearty laugh! It is K outline day! Yippie! I also need to get cracking on m Civ. Pro. stuff a little better. I am glad everyone will be ‘on call’ in the final days. This way, my chances of getting called each day may have increased, but the number of times called will be less per day. I’ll just stand up, throw my glasses off my face, and grab my head while shaking violently. (Some dude did this last week, and it seems to have worked for him, so I thought I’d follow suit. I just need to get a pair of glasses). I haven’t missed a day of Civ. Pro. this year and we get 3 absences no questions asked. I am thinking of emailing the prof. and telling him although I’ll be in class, I plan on cashing in those absences for the final 3 classes. I don’t think that’d go over too well. Alas.

Code

2004-11-12T09:26:00.000-05:00

#include (fstream.h) //Blogger has a tough time with <<> int sortMyShit(string a) { ... } main() { string a,b; ifstream f_in("contractsNotebook.looseleaf"); ofstream f_out("contractsOutline.Awesome"); f_in >> a; b = sortMyShit(a); f_out << "Perfect Outline" << a; return 0; } I just need to implement one small function and I should be good to go.

Outlines!

2004-11-12T09:02:00.000-05:00

F-in' hell, dudes. I spoke with a classmate who said they weren't outlining. And, one of our Dean's Fellows (by the way, if you were curious, 500 bucks a month) said that they (yes, I know they is plural, but it is also NOT gender specific and I'm not in to the law school 'she' in every textbook) did not outline at all. I asked my classmate what 'they' were going to do at the final and 'they' said - "I'm going to use my notebook - with all my notes in it - that is what I took them for." Wow! My notebook looks like shit. I have the same crap written ten times - "Oh look, Prof. Torts is writing that flow chart again! I better write it down for the 100th time!" And all my notes a written in undecipherable handwriting. I guess I thought the Nazis might come back and try and get into the minds of Americans through our legal system via my notebook. So, I subconsciously coded all my writing. I need a damn Enigma to decode this shit. "What the hell are the elements of negligence? Duty, Bleach, Cross, and Ramage? What the hell is Ramage – and what are the sub-elements of Cross. This makes no sense!" It is outline city for me. It is really good too. I am getting a pretty sweet refresher course on all the stuff I thought I though I knew. I hope to be ready to go come reading period so I can just stew in my own juices for a few days.

Complaints

2004-11-12T07:34:00.000-05:00

It is vastly more fun to read complaints on The Smoking Gun now that I have been in law school for a bit. I was curious, though, as to why this lawyer felt the need to name drop. Why do you think he mentions the celebs in paragraph 13(d) - what's the point?

LRW

2004-11-11T13:46:00.000-05:00

My LRW prof. told me that I went over my page limit. It seems I stapled a confirmation of a bill that was paid online to the end of my paper.

Don’t believe the hype.

2004-11-09T11:42:00.000-05:00

I read some of these law school post about how all frazzled the 1Ls are getting because exams are coming up. How all glossy-eyed they look, how easy it is to startle them… I’ve got to tell you, I don’t see it. Everyone is just plodding along. I think there is some self-service in perpetuating this idea of exam stress. Don’t believe the hype.

No Time

2004-11-08T20:39:00.000-05:00

I don't have much time to post. I am working away. A couple people pulled me aside today at different times and asked if I either wanted to work on outlining with them or join a study group for the finals. I guess people think I know my stuff... I hope they are right. Suckers. :) Since I won't be posting at lenght for a little while (I'll pop in now and again), I will tell you one of my favorite jokes. It will keep you laughing until I post something meaty. Q: Why is there only one Eiffel Tower? A: Because they eat their young! Funny, right?

Hmmm

2004-11-07T11:19:00.000-05:00

Via Heidi Bond's blog, read this cool ass stuff about cartogram mapping of the 2004 election. That is all.

Loopy!

2004-11-06T13:40:00.000-05:00

I am under house arrest until I finish my memo. This is making me a bit loopy. I wrote this line in my memo and it made me laugh out loud - it really isn't very funny, but the lack of fresh air and copious cups of Crystal Light are making me nuts. "The raccoon appeared to be foaming at the mouth and reportedly had very sharp teeth. " Hehehehe. I realy do NOT want to get a job doing LRW assignments for the next 6 years. You can all have the BIGLAW job. I want a job where I can get bloody quick. I'll trade money for blood, you betcha! Hyundai isn't such a bad car. Shit, the warden is looking at me funny, I better get back to work.

Univ. Of Kentucky

2004-11-05T21:05:00.000-05:00

When I received my acceptance from UK, there was a hand written note which said: You write very well for a Computer Science major. I found that to be insulting. Now I wish I could use it as leverage with my LRW teacher. "Come on Prof. I am a damn computer nerd. All I know is for loops and if else statements, shouldn't that get me an automatic bump?" Maybe it already is. Sad. So very sad. Damn raccoons! Rabid raccoons.

It is done --- X-rated.

2004-11-05T16:26:00.000-05:00

An email trail. This one dude tried to get me to take public interest law because there is no exam. I declined (but I did give it some serious thought). Here is his response when I told him I had locked in Analysis of Evidence-> In April: Mr. X: so Lawfool, you want to go to the beach (obviously because my friends force me) LF: no, I have to study Mr. X: study? for what? exams are over? LF: no they aren't, I have this mofo exam that is going to rape me Mr. X: but that is impossible, I don't have any more, why do you have an exam? LF: because I am lame, and I made the biggest mistake of my life Mr. X: oh, you mean you chose analysis of evidence LF: fuck you, Mr. X: you wish, if you wanted to get fucked XX XXX XXX XXX XXXX XXXX XXXXX? <- edited, to wild for even the internet! (LF runs away crying) My response: Supreme Court Chief Justice: (Thinking to himself) We have this case up for review, and I just can't put the pieces of the case together. We have all this evidence, but I just don't know how to analyze it. (Falls over dead from a stroke because he was thinking too hard). President Bush's Chief of Staff: (To President) Mr. President, Chief Justice Rehnquist just died. He was looking over a very difficult case and had a stroke. We don't want any of the other justices to look at it for fear they might die as well. Bush: What to do? Jenna Bush: Daddy, I had some amazing sex with a guy from UM a few months ago. He was a law student and new everything there was to know about fucking and evidence! Bush: (At press conference) Today, Lawfool was sworn in as the new Chief Justice of the Supreme Court. Thanks to his awesome fucking skills and the foresight in having signed up for Analysis of Evidence. Hey, nothing in the Constitution says you have to be a lawyer to be on the Supreme Court.

Non-law-school-post

2004-11-05T14:03:00.000-05:00

“I’m a fiscal conservative” – This is a way of saying this: shit – on the one hand I like money. I like to keep the money I make. I don’t want to give my money away. HOWEVER (on the other hand) – I can’t bring myself to admit what that means – it means we can’t sustain all these social programs that I also like. I want to keep these programs going because I think we should help all the people we can. I like money though., and I know we can’t have all these programs if I want to keep all my money. I just can’t decide. People, there is no such thing as fiscally conservative and socially liberal! Oil and water. Having your cake and eating it to. “No, that isn’t true, you could cut the wasteful defense spending!” Okay, I’m not going to argue that we waste money on defense – to some extent, but what would you cut? We have troops without proper equipment (and not just in Iraq) – ½ a trillion bucks and we still don’t have all we need. Maybe we could cut senseless programs like missile defense? Okay, but I’m a science for science sake kind of guy. People think missile defense is a complete waste of time – maybe, but they might also be a little near-sighted. It is not that we will get a working missile defense system, rather it is the science we will reap from pursuing it. I like computers – and if you are reading this, chances you do as well. I like the internet. I like whether prediction. I like disease control and vaccines. I like plastics. I like radar. I loathe cell phones (but they help make my point). I like GPS. I like satellite TV. I like semiconductors. I like lasers. I like fiber optics. I like energy. I like all sorts of stuff that your tax dollars went to develop. I like all sorts of stuff developed through defense spending that have given birth to thousands, if not millions, of new industries and companies (and jobs all throughout the planet). Science for science’s sake is very costly, and its benefits aren’t always seen soon afterwards. Sometimes it takes years. The only entity capable of funding this type of work is the State. It may not seem to be the best way to spend money today, but it turns out to be so tomorrow. Conservatives like defense spending. It keeps America strong. Some think it makes America a bully. Maybe. But those people who pooh-pooh defense spending as wasteful and misplaced should take a pause to consider the benefits. Consider your I-pod. Consider the waste for sure, but there are other wastes as well. And, I dare say, the waste of defense spending has reap far more rewards than has the waste of certain other social programs.

No Updates...

2004-11-04T14:03:00.000-05:00

LRW. No time.

Profs as Tired as the Students...

2004-11-02T21:43:00.000-05:00

You can see that some of the professors as just as sick of this semester as us students are. It is dragging on in the last few weeks. Torts is painful (we went over the table of contents a week or so ago). In Elements, the prof. is well aware that everyone is reading straight off of their outlines from last years students. He hasn't said if the exam is open book or not. I think we are going to be screwed come exam time. We are doing double duty in Civ. Pro for the next three weeks. K is a wasteland of volunteers. LRW refuses to end. I have nothing to say these days because I am so devoid of motivation.

A Joke!

2004-11-02T21:39:00.000-05:00

It is the Florida Constitution, people! Why the hell would you put minimum wage into the Constitution? Why would you put in limits on lawyer fees or gambling or trains IN THE FLIPPIN' CONSTITUTION???? You elect representatives to pass laws. These things should be statutes, not amendments to the CONSTITUTION!!!!! God! What a crock.

Damn!

2004-11-01T22:18:00.000-05:00

Grinding away. Man overboard. LRW memo hanging over my head. So unmotivated. JD is gone this weekend. I will be a shut in (shut in the library) - I will complete the memo before Sunday. I will I will I will. I am already thinking about getting blitzed on Dec. 15th after my last exam. The dudes I have been hanging out with a little bit have yet to see me take a sip of the fire-water. Maybe we'll hang out on the 15th. Or maybe I'll drink at home and pass out and choke on my own vomit. Why doesn't the library have a name. I know it has a real name, but why not a nickname. How 'bout the Terrordome? Or The Shit House? Or The Mildew Factory? "Hey, I'm going to the Second Hand Shop, I'll catch up with you in a bit." Sounds good. No?

Ho, hum

2004-10-31T11:45:00.000-05:00

Ramping up Class ends on the 24th. We have our first final on the 3rd, however we don’t consider finals as part of this semester. We all seem to be counting down to the last day of regular classes. 3 and ½ weeks left. 18 days of actual classes (unless you are those lucky asses who don’t have Friday class). 24 days until the last day. I have started the ramp up. I am getting all my crap together. I have an open memo still though, so it is putting a cramp in my plans. What should you share? We are all gunning for good grades. Things might get a little tense over the next few weeks. My feeling on it is this: If you came by something that you didn’t do, you don’t have to volunteer it, but you should give it to some one who knows about it and asks. However, if YOU made it - You synthesized the data, you compiled the info, then it is all yours. You should not be obligated to share UNLESS you have a buddy that you have counted on during the semester. I think that you should never ever try to one up your friends. There is no room for that. On the ATL front. I spoke to an old friend, he isn’t doing so good since JD and I left town. He confided in us that he is hanging out with a crew whose ringleader wears suspenders with sweatpants. Sad.

Classes and such

2004-10-28T21:44:00.000-04:00

Some folks are sad that I have not written more about my classes – Civ. Pro. in particular. Well, the reason for this is, most of them are pretty dull. Law school itself is pretty dull. It is a lot of reading, a bit of learning, and a bunch of outlining. I like the material, I am not disillusioned with becoming a lawyer, I am still on track, but that’s about it. Civ. Pro. – Same as ever. People spend more time on this class than most. That’s great. Good luck – I’m sure your grade will be directly proportional to the amount of highlighting (and varied colors) you do. Elements – Almost everyone reads directly off of the same damn outline. The professor is amazed at how accurate these people are. He knows what’s up – he wants to see who is honest with him, and practically no one is. Today some kid, when asked if he briefed the case, was honest and said, “Not really.” The prof. said, “Well, read it and brief it.” That was it. He didn’t yell or scream. He was probably glad that some one was telling the truth. Can’t these people fake it better instead of reading word for word? I bet the people really reading the cases are getting a lot out of the class and not the ones lamenting about how horrid it is. Lame. Torts – Some days it is a free for all. I like the professor. But he’ll be gone soon, and all I’ll have left is my broken heart to mend. K – Some one told our professor that she was too harsh! Give me a break. She is very nice. The first few weeks you couldn’t get a word in with all the people raising their hands, but since then, boy has it tapered off. No one says nothing. There are a few who do, but it is like pulling teeth. Harsh? Naw. LRW – Found out we come back a week earlier than the upper years for Moot Court Boot Camp. Boo! I checked LSAC – Miami has a 2.3% drop out rate in year one and an 11% rate in year two, but most of the 2L’s are probably students who transfer elsewhere (out of the 42 or so, 32 were not academic dropouts).