Saturday, May 01, 2004

"all i can say is the germans loved hitler so there."

It Would Only Be The Fair Thing To Do

ABC-TV journalist Ted Koppel, who caused a firestorm of controversy with his plan to read the names of U.S. troops killed in Iraq, today announced that in the interest of balance and fairness next week he will read another list on his show, Nightline.

"I would never want anyone to accuse me of bias. After all, I'm a journalist, devoted to accurately portraying world events," said Mr. Koppel. "So, next week I will read the list of Iraqis who were raped, tortured and killed by Saddam Hussein's regime after President George H.W. Bush declared victory in the Gulf War on February 28, 1991."

Mr. Koppel said next week's Nightline will be a "special extended episode starting Friday and running non-stop until the day I retire from ABC." (taken from here)

Study For Finals Or Play Pacman[hattan]?

I don't know which I'd rather be doing right now.
A player dressed as Pac-man will run around the Washington square park area of Manhattan while attempting to collect all of the virtual "dots" that run the length of the streets. Four players dressed as the ghosts Inky, Blinky, Pinky and Clyde will attempt to catch Pac-man before all of the dots are collected. Using Global Positioning, WIFI internet connections, cell phones and custom software designed by the Pac-Manhattan team, Pac-man and the ghosts will be tracked from a central location and their progress will be broadcast over the internet for viewers from around the world. (Link taken from here)
Photos here.

Let The Self Hate Begin

I'll be at the library cursing at myself for not studying for finals earlier. It's an effective study technique for me. Wish me the best.

I Need A Hug

Now I'm the one sounding like a woman.

Friday, April 30, 2004

Law School Memory #26: Turtle Dance

When at Tommy's, Annie did a dance after being reminded that Sean's middle name was Paul. I think it was Trini that relayed this information back to Sean who has since demanded to no avail that she perfrom her dance of mockery for him. Well the other night after dinner at CPK on 7th and Fig., Sean said he would mock Annie with a Turtle Dance if she didn't do the dance for him. It led me to suggest that they battle right there on the 7th level of the parking structure to 7th and Fig. In a futile effort to get Annie to go first, Sean went first. What followed had to be one of the greatest acts of physical comedy that words can do no justice so I won't even attempt to describe it. The fact that it was completely unscripted and spontaneous also made it an act of pure genius. It's one of those things I won't ever have to come back here to be reminded.

And yes, Annie still has to show off her dance to Sean.

Southwestern Should Use The Tuition Increase On These

From NY Times:
For these and other professors across the nation, the newest aid in the classroom is a small wireless keypad, linked to a computer. Students answer questions not by raising their hands but by punching buttons, with the results appearing on a screen in the front of the room.

Although some skeptics dismiss the devices as novelties more suited to a TV game show than a lecture hall, educators who use them say their classrooms come alive as never before. Shy students have no choice but to participate, the instructors say, and the know-it-alls lose their monopoly on the classroom dialogue.

Study Schedule

For some reason I'm having trouble figuring out what to study on what days. My exam schedule is as follows:

5/5 Criminal Procedure 3 units
5/7 Property 3 units
5/10 Torts 2 units
5/12 Civil Procedure 3 units
5/14 Contracts 2 units

The toughest course for me this semester are Property and Civil Procedure. I'm thinking most people in my section are going to be really ready for Crim Pro which will make it a tougher curve to do well on. I figure I need about two whole days for each course to really go into the exam confident. I'm sure I can figure this out. Hell I'm almost done with the first year of law school, figuring out a study schedule can't be too hard for someone almost done with the first year of law school. Right?

So Annoyed

First, I had to call up the place that had my laptop because they didn't call me like they said they would after checking it out. They told me I had to replace my hard drive and that it would cost me about $170 -$210. With no money left, I declined and asked if I could come by and pick it up. They told me that the hard drive was back in and was ready for pick up. I arrive and had to wait about 20 minutes while they actually put the damn hard drive back in. So out a service check fee of $55, still without a reliable laptop, and now facing the possibility of having to write out my exams. I'm so annoyed.

Contracts Review Session

I actually understood a lot of what Prof. Contracts went over. Understood but did not remember - there's a difference - so I'm thinking that the final won't be so bad so long as I give myself enough time to review everything, which is a lot easier to do than finding time to teach myself everything. Anyway, he ended the semester as I thought most professors would, some words of encouragement, congratulations, and a song parody. Well maybe I don't expect a song from each professor. Wish I could remember the lyrics or at least the chorus but my mind is too preoccupied with finals and my laptop to remember and recall such things.

After the review session we went to Larchmont Village and ate at Cafe du Village. The menu was written up in hard to read font, the food was ok, and the service was terrible. Lunchtime conversation was great as per usual with these people, again I wish I could recall a few things to quote but can't. Damn finals.

It's Not Just Me

I'm not the only one who has trouble deciding when to and how to clap at end of the semester classes. Someone should really write up a guide.

For Those Still Interested In The OC

A flowchart. And remember Brian, in the upcoming season finale, "everyone's life will be forever changed" but don't count on it. (link stolen from here)

I Have To Get Me A Bag Of These

Or make a trip to Trader Joe's.

Am I Decent Or Indecent?

Depending on which I am apparently determines whether or not I respond to Bunny's wedding invitation.

As If Being At School On A Friday Isn't Inconvenient Enough

The lower level parking is completely closed off. But the school did add automatic doors to the BW building for people with rollies or for those on rollies.

Thursday, April 29, 2004

Annoyed

Reformated the hard drive to my laptop and it didn't solve the problem so it's definitely a loose connection with the hard drive. Now I have to bring it in somewhere, pay, and wait for it to get fixed.

Annoyed but still not panicking.

Wednesday, April 28, 2004

Quote This

"Don't quote that." - Annie

This Has To Be A Joke

Mission Statement: To discretely provide US troops shipping out overseas with the most sensually pleasing departure possible.

About US: 'Operation Take One For The Country' (abbreviated OTOFTC) is a movement of like-minded women (women predominantly as of right now) who have covertly organized into groups to frequent eating and drinking establishments near armed service bases where troops are preparing to ship out overseas, and take one for the country, so to speak. We are a virtual organization and have no official headquarters or charter. We believe US service men and women deserve our support and we are willing to make caring choices about making them happy.

Too Late For Bunny

She just missed out on this. (link stolen from here)

Recruiting For SW

ProbableSWStudent comments:
Resorting to match.com doesn't seem like a good idea for a student since those gals are normally interested in guys who can pay for a "good time" and thus impress their friends.

Anyway, aren't there enough women at SW for dating? Maybe scoring at the non-ABA accredited schools would be a better strategy

By the way, someone had mentioned on a review site that SW was located in a ghetto part of LA and is not safe. Is that your opinion too?

Thanks.
First, thanks for the dating advice. Second, there aren't that many dateable women at SW. I think most of the hot women in law school are attending the fourth-tier law schools. Maybe Bronson will tell. Third, it is a matter of opinion and mine is that I don't believe SW is in a ghetto location. But if you're from say a rich mostly white suburb of a city like, oh say, Denver, then you're probably going to think it's ghetto. I encourage an on-campus visit so you can form an opinion of your own.

Tell me what other schools you're considering and what area of law you're interested in and maybe I can say whether SW is for you or not.

By the way, if you're female and hot, SW is the law school for you.

"The point is that you can't be too greedy."

Anthony writes:
We all have one: the Prize. Something that we've promised we'll buy ourselves as a reward when we get through all the exams, write all the papers, and slide into that shiny new job. After all, you don't slave for three years and work yourself to death in order to get money. You sell your soul for the things that money buys.

Since we're all stressing like mad over exams, the Prize is probably more on our minds than normal. So in the name of fostering avarice everywhere: tell us what it is. Just leave a comment with your particular prize, or if your a blawger, just make sure to track back to this entry. Eventually we'll have a master-list of law school avarice, and then we can... we can... erm... I'm sure we'll find a use for it somehow.

Oh, a few rules: (a) No beauty-contestant answers, like "A job working for world peace." That's very sweet, but it's not what we're looking for. (b) Answers are limited to things you want to buy yourself. Again, it's nice that you want to buy your parents that yacht they always wanted, but 'tis not the point. (c) If possible, include a link to an example, so we can all see.
I didn't promise myself a Prize, which may explain my performance on last semester's set of exams. Getting a job - any job - after graduation would be reward enough for a Southwestern grad.

But for the sake of avarice, and hopefully to serve as motivation to study for good grades, I wouldn't mind getting myself one of these. That might be just a little outside of my budget though - more likely than not for a SWLAW grad with "ok" grades. One of those Thai massages advertised on 7th St. that Sean mentioned last night will have to suffice.

Annoyed

It's been a bit more of a hassle getting my laptop fixed than I thought it would be.

What's A Feather To Do Now?

A sectionmate told the class today that she was dropping out.

Tuesday, April 27, 2004

Is That It?

Done with classes as a 1L. Only those annoying finals left.

Don't Need To Hear This Now

Jeremy comments on and quotes from this NY Times article.
The moral of the article is don't go to law school unless you want to be a lawyer, and don't go to a crappy law school if you want to work for a non-crappy firm, although they say it nicer. "Michael Young, dean of George Washington University's law school, puts it more bluntly: 'Law is possibly a route into politics, business, etc., but it's not a sure route by any stretch. The vast majority of people who start in the law die in the law.'" [my emphasis]
Read the comments on the Jeremy link for more encouraging words.

Damn this crappy law school, but at least I've got my sectionmates to share my misery with.

UPDATE: From the aforementioned NY Times article:
To law experts, questions about job options do not start at graduation but at admissions, and they advise serious soul-searching about career and life goals. If you want the option of joining the fast track, a prestige school is essential. ''Going to Loyola Law School can lead you to a pretty lucrative, satisfying life in Los Angeles,'' says Adam Avitable, a manager of Legal Authority, a Web site that helps law students find jobs. ''But if you want to have any chance of going national, you really have to be at U.C.L.A. or U.S.C.''
Heh, no mention of what going to Southwestern gets you. Perhaps a less than lucrative and not quite so satisfying a life in Los Angeles?

Motivation to study at an all-time low.

Take A Cold Shower Guys

Crim Pro Checklist For Interrogation and Confessions

2) Interrogation and Confessions
i) Was the confession obtained in violation of the due process clause?
(a) Was the confession involuntary under the totality-of-the-circumstances analysis?
(b) Was the confession the product of coercive police conduct?
ii) Was the confession obtained in violation of Miranda?
(a) Was it obtained during custodial interrogation?
1. Custody
2. Interrogation (or its functional equivalent) [If “Yes” on both, go ahead.]
(b) Were adequate warnings given?
(c) Was there a valid waiver?
1. Knowing and Intelligent
2. Voluntary
(d) Did suspect invoke right to silence or to counsel?
1. If right to silence, was right scrupulously honored?
2. If right to counsel, did suspect initiate further communication?
(e) Do any of the exceptions apply?
1. Public safety
2. Impeachment
(f) Does the derivative evidence doctrine apply?
iii) Was the confession obtained in violation of the 6th Amendment Massiah doctrine?
(a) Deliberate elicitation
(b) Following the initiation of adversary criminal proceedings
(c) Waiver

Again, taken from this book.

Sectionmates

I'm in general agreement with this:
My classmates are one of the best parts of law school. I look back on that advice ["You will like the subject matter, and you'll like the professors, but your classmates, you won't like them."] and laugh. My classmates are smart, motivated, compassionate, idealistic, funny, hard-working, generous, and respectful. Sure, some of them have their quirks. Sure, not everybody is happy all of the time with everything. But heck, who doesn't have quirks? Who is happy all of the time?

But most days, allowing yourself a bad mood day here or there, you'll like your classmates. Honest. And, if you're lucky like me, they'll be one of the best parts of your law school experience.
I've been as fortunate as her if not more so. My sectionmates, and I'm not just talking about those who are my friends, have easily been one of the best parts of my law school experience. They never fail to let a class go by without at least teaching me something new or giving me a reason to smile amid all the law school drudgery. So as odd and annoying as some of them can be, I can't imagine a better law school experience without any of them.

The bad mood days have to go though.

Are You Kidding Me?

From CNN:
Sophomore Steve Stanzak, 20, said he began spending six hours a night in the sub-basement of Bobst Library at the beginning of the academic year after he was unable to pay a $1,000 housing deposit. He slept on library chairs and carried vital belongings -- a laptop computer, books, clothes -- in his backpack.

University officials eventually discovered an online journal Stanzak kept about his experiences and relocated him to a free dorm room last Tuesday.

Scores of students read about Stanzak's daily adventures on his Web journal, www.homelessatnyu.com, and he became something of a campus celebrity.

Well That Was A Waste Of Time

I just spent over two and a half hours selecting courses for next year when I could have been studying for finals. And nothing is even set in stone for next year.

Monday, April 26, 2004

Courses I'm Considering Taking Spring '05

Administrative Law
Adv. Criminal Procedure
Forensic Evidence
Information Privacy Law
Intellectual Property
International Business Transactions
International Litigation & Arbitration
Legislation
Securities Regulation
Wills & Trusts

UPDATE: Can't take both Forensic Evidence and Securities Regulation. Nor can I take both Adv. Crim. Pro. and Int'l Business Transactions. Information Privacy Law and Int'l Lit. & Arbitration is also a no match.

UPDATE: Can't take Securities because I have to pass Bus. Ass. first.

UPDATE: I'm thinking of going with Forensic Evidence, Legislation, and International Business Transactions. That along with my Fall schedule should provide me with lots of flexibility going into the third year when I can choose a particular area of law. The three areas I would then choose from would be Business Enterprise Organization and Practice, Criminal Law and Procedure, and Governmental Units and Activities. The thing I'm most concerned about is whether that would leave me enough time to specialize in any one of those areas of law having only taken three courses in each of those areas. I'm in need of guidance. Help!

So Here's What I'm Hoping To Take This Coming Fall

Antitrust Law
Election Law
White Collar Crime

Now I have to select a section.

Anyone Know Of A Good Movie For Property?

One of Brian's favorite movies was used as a study aide.

Courses I'm Considering Taking In Fall '04

Antitrust Law
Constitutional Law Seminar
Criminal Law Theory Seminar
Election Law
National Sec. & Foreign Policy Seminar
Public International Law
Sales*
Survey of Federal Income Tax*
White Collar Crime
Wills & Trusts*

Anyone with any thoughts on selecting from this list of courses?

UPDATE: Wills & Trusts is off the list because its final exam is one hour after Con. Law's.

UPDATE: I can't take both White Collar Crime and Survey of Federal Income Tax because their finals fall on the same day and time. I also can't take bother Public International Law and Antitrust Law for the same reason.

UPDATE: Seminars are hard to get into as a second year and besides I want to put off writing for a while.
*I'm partly considering these courses because they're highly recommended.

Registration Numbers

My registration number for the Fall is 174. My registration number for the Spring is 54. It looks like I'm getting stuck with Prof. Civ. Pro. II for Con. Law. By the way, those with a real choice should choose section T1. I heard the professor teaching Con. Law for that section is the one take. On the bright side, if I do get stuck in section S1, I'll have Prof. Contracts for Bus. Ass. the following Spring.

The Exams Draw Nearer

I received my anonymous exam numbers in the mail today.

Stupid 2Ls

So Prof. Civ. Pro. II, who is also Prof. Con. Law, is sitting outside of his class as they fill out evaluations. Two guys from that class just walked out without seeing the professor but saw a fellow classmate about to go in. In passing each other by, they tell the classmate that they're skipping class to go study Con. Law at the library. Of course, the professor overhears this and announces his presence by telling them to stay for class.

An example of the 2Ls scoring, on average, 2 points lower than the 1Ls on the LSAT.

Funny

"All these new books coming out about the president -- Richard Clarke has a book, Paul O'Neill has a book, Bob Woodward has a book. It's amazing, who would have thought this president would be responsible for so much reading?" - Jay Leno

Come Again?

Now I'm all for a woman's right to choose - which may make me more of an anomalous Republican as I also don't listen to country music - but there are some people on that side of the debate I'd rather not be associated with.
There were a good number of “Say What” moments at the March this weekend.... One of the most bizarre though, came from Maxine Waters. After sending a civil message to the president (George W Bush, go to hell! And while you’re at it, we want you to take Ashcroft with you. And don’t forget Rumsfeld. And please carry along Condi Rice.”), Waters told the rallied, “I have to march because my mother could not have an abortion.”

Playing For The Chargers Just Can't Be That Bad

After a tense hour in which Eli Manning was a prospective law student, the NFL's first family of quarterbacks got what it wanted.

In one of the more bizarre first hours in recent draft history, Manning was taken with the first pick by the San Diego Chargers, for whom he announced he wouldn't play.

An hour later, as Manning walked away from the podium at a press conference in which he insisted he would go to law school, someone rushed into the room to say the Giants just obtained him for another quarterback, Philip Rivers, whom they had taken with the fourth overall pick.


UPDATE: Apparently, choosing between pro football or law school is more popular than I previously thought.
In the locker room before the Rose Bowl in 1997, he [Pat Tillman] asked one of his coaches, Lyle Setencich, what draft round he might expect to be chosen in the next year. "I told him to get a law degree, that he was going to be President," says Setencich. "He said, 'I want to play in the NFL.'"
I should have tried out for the Raiders as a DT.

Sunday, April 25, 2004

10 Days Left 'Til Exams Begin

The plan is to wake up scared tomorrow and start getting shit done.

Memorize This Short List

Biting Tongue breaks down policy arguments into four categories.

Crim Pro Checklist

Here's what I've been using to help think through and organize the practice exam for Crim. Pro., it's taken from this book.

1) Search & Seizure And Arrest
i) Does the 4th Amendment apply?
(a) Is it government conduct?
(b) Has a reasonable expectation of privacy been violated?
ii) Was the conduct justified?
(a) Type of intrusion?
(b) Level of justification required?
iii) Was a warrant required?
(a) For a search, did the conduct fall within an exception to the warrant requirement? (see below) If not, warrant required.
(b) For an arrest, did the arrest occur in a home or a public place? Warrant required for the home.
iv) If a warrant is required, were the prerequisites for a valid warrant complied with?
(a) Was it issued by a neutral and detached magistrate?
(b) Was there probable cause supported by oath or affirmation?
(c) Did the warrant particularly describe the place to be searched and items to be seized?
v) If a warrant was not required, were the prerequisites for warrantless search and seizure complied with?
(a) Emergency exception
1. Exigency
2. Probable Cause
(b) Search incident to a lawful arrest (SILA)
1. Lawful arrest (PC)
2. Limited to grabbable space
(c) Automobile exception
1. Mobile vehicle
2. PC
(d) Stop and Frisk
1. Reasonable suspicion to believe criminal activity is afoot
2. Reasonable suspicion to believe subject is armed and dangerous
(e) Administrative and Inventory searches
1. Noncriminal purpose
2. Limits on police discretion
(f) Consent
1. Voluntary
2. Third-party authority
(g) Plain view doctrine
1. Lawful intrusion
2. Item immediately apparent as contraband or evidence
vi) If a violation occurred, does the exclusionary rule apply?
1. Standing (Ankh-Doctrine Formerly Known As Standing-Prince)?
2. Good faith?
3. Evidence solely admitted for impeachment?
vii) Does the derivative evidence doctrine apply?
(a) Is the item the fruit of the poisonous tree?
(b) If so, does one of the exceptions apply?
1. Did the taint become attenuated?
2. Was there an independent source?
3. Would the item have been inevitably discovered?

Today's Plan

Working on a past Crim. Pro. exam or two using notes. The one I'm currently working on deals with search and seizure and at first glance it seems to involve issues of overnight guests, consent (third-party authority), plain view doctrine, automobile exception, SILA, and exigent circumstances. It's a lot for what's actually a comparatively short essay question.