Pulled A Semi-Linda

Car got rear-ended today but I didn't hurt my back or anythinge else. Damage to the car not severe but it's a still going to be a pain to get fixed.

My very first reading assignments as a 1L. 

Proof

That LR&W was BS. Well not complete BS but it most likely overprepared everyone for what we will be doing out in the real world. Not that any of us already didn't know that.

First Grade Is Online

Only two weeks and a day and Prof. Crim Pro has our grades up. Good for him. Now if the other 4 would hurry it up, I could look.

New Template

Just found out today that the old template wasn't loading up right on IE. Why everyone isn't using Mozilla is beyond me, but since most of you are not, I went with a wholesale change rather than trying to tweak the old one. Enjoy.

What Was I Thinking?

To all the men out there, seriously, I had a really good excuse for having missed out on Vegas and therefore, not being in this photo. 

Quickie

I don't think I've ever been more self-consciously aware of how old I am when I was standing in line to get into Magic Mountain.

Instead Of Softball Next Year

CNN:

Grown men and women are turning dodgeball into a recreational sport, with pickup games and championship tournaments.

"It's ridiculously fun. It's high-energy, you don't stop moving. There's sensory overload," said Colleen Finn.

"There's always that kid who wasn't picked for a team in the fifth grade," Finn said. "This is the perfect chance for redemption."

A few years back, the hitting that's intrinsic to the game gave dodgeball a bad reputation in school yards, and some schools talked of banning it.

But the hitting is what appeals to the grownups.

"We got a guy in the foot and took him off his feet. It was awesome," said Sean Tufts, a linebacker who played intramural dodgeball at the University of Colorado. He was recently drafted by the Carolina Panthers.

"I'm a senior now, and I have so much stress. But on Fridays I get to go throw balls at people for two hours, and the stress is gone," the 22-year-old [Olsen Ebright] said. "It's a blast."

Dinner After Magic Mountain

Brian, Rob, Annie, Drew, Daniel, Christine, and I met my fiancee at Kyoto Sushi. The fiancee and I shared a Rainbow Roll, Spider Roll, and the Love Roll. Most of the conversation was dominated by the Love Roll. I was in fine form. A good time that ended with liquored up orange wedges.

Quote This

"And after the premiere, they went home and bumped uglies." - Wayne

Magic Mountain

Met up with a few law school people and others at Magic Mountain; Annie, Annie's friends, Brian, Brian's friend, Sean, Jeff, Sally, Rita, and Trini were there. Best Ride was X . A close second was Deja Vu. Most Disappointing Ride was Scream. The Most Unexpected Good Time was the water bombing of Log Jammer riders for 25 cents. A sign read "Water Bomb Your Friends" and somebody mentioned, "But we don't know anyone on the ride." And, "Doesn't one of us have to be on the ride?" Of course, none of really cared and were all too happy to get perfect strangers very wet for a mere quarter. Jeff had the best time letting everyone know, who got wet, who was responsible. This went on for a few dollars. Karma caught up to him in the parking lot though as his car needed to be jump started.

A good, fun, expensive day but now I feel like I've got it all out of my system and have no intention of going back.

UPDATE: Good for me... I didn't bitch slap a mascot this time around.

Quote This

"We don't even know you! It's so cheap too!" - Jeff

Registration Isn't That Bad

Soup comments that I've made our registration process at Southwestern sound "confusing as hell". It's not really that bad. We have a core set of classes that we have to take; evidence, con law, legal profession, and business association during our second year. Those classes we take as a section. After we select a section we then select a few electives. Thrown into the mix are registration numbers that determine the order students select their section and electives.

It's more confusing in resolving scheduling conflicts of both classes and finals, figuring out which courses/professors to take, and a schedule that's conducive to meeting up with all the friends you made during your first year. That last part is what makes it so difficult.

Today's Goal

To avoid any violent run-ins with a Looney Tunes character.

#23 On The List

Someone found this site by googling "stories 'bachelorette party' fuck unfaithful".

June, A Good Month For Both Weddings And Anti-War Protests

It just so happens that Bunny's wedding falls on the same day that ANSWER is having a protest march. And the anti-war march comes close enough to both her wedding and reception sites that it's going to be an annoyance.

Scheduling Next Year II

Went over the registration materials over a venti mocha frap and found out if I got into section R1 I wouldn't have classes on both Tuesday and Friday for the fall semester. The downside is that R1 is on a completely different time schedule from section T1 for both semesters, which would make it difficult to get together with people from that section after classes are over.

Also, all of my electives are in section AX, which means I'm in a class until 8pm or 9pm on the days I'm on campus.

UPDATE: Annie just told me that the professor combination for S1 - the section I want to avoid - was the first to fill up this past academic year. So there's hope that I could get into T1. But do I really want to have to be on campus Tuesday just for Evidence class?

Hold It 'Til We Get To Chelsea

Now how is one supposed to take adavantage of all the pubs with so very few loos in London?

Law School Memory #31: Cases

It was the first Torts class after some sort of holiday during the first semester and we were still catching up on the assigned readings in class. So most of us were actually ahead in the reading. Which was good but also gave us a false sense of security as many of us didn't review for what we were going over that day in class. I don't think most people even knew where we were in that class. So it began. First person to be called on didn't know the answer, Prof. Torts was displeased; second person got skipped over because they were too slow to find the answer in the casebook, Prof. Torts was really displeased and told us so; third person told Prof. Torts to move on to another student if she wanted a quick answer, Prof. Torts was now looking for blood; another student or two were called on amid the sound of rustling pages of the casebook, and the word "pass" kept everyone flipping the pages. So now Prof. Torts was more than displeased, she was downright pissed at all of us and was looking for blood. Then... that's right... the name Wayne gets called. In response I gave her a resigned, "Yeah." Rita had pointed me to the right page in the casebook but I ignored it to begin with and started to give Prof. Torts an answer that had been given the previous week. Oooops. I got on track after that and did well for a few questions before she got me on the last one. Many appreciative thanks given from classmates afterwards, which in a way was more difficult to take than the questioning from Prof. Torts.

Here's the case:

This is a suit for injuries arising out of the abuse of children at a day care center. Plaintiffs filed suit individually and as next friends of their two children, alleging that defendants witnessed the abuse and failed to report it to the police or child welfare officials. The sole issue before us is whether plaintiffs may maintain a cause of action for negligence per se based on the Family Code, which requires any person having cause to believe a child is being abused to report the abuse to state authorities and makes the knowing failure to do so a misdemeanor. The trial court granted summary judgment for defendants, but the court of appeals reversed and remanded plaintiffs' negligence per se and gross negligence claims for trial. We reverse the judgment of the court of appeals and render judgment that plaintiffs take nothing. Because plaintiffs did not preserve their common law negligence claims, we do not decide whether there should be a common law duty to report child abuse in some circumstances. Perry v. S.N. 973 S.W.2d 301 (Tex.,1998).

For Incoming 1Ls

Good advice from Heidi and Jeremy. One piece of advice I would add is that one should make as many friends as possible at the start of law school and cultivate a few really close friendships throughout that first semester. It makes a world of difference, especially since the study of law is such a lonely endeavor.

Quote This

"and i was like ew, where are the poles?" - Annie

Random AIM Conversation

Apparently what follows counts as a Vegas story these days.

Bruin7089: bunny wants me to ask you about her stepping on rita's toes
Bruin7089: do tell
Xanneth: ha ha
Xanneth: well, bunny and rita were both pretty tipsy
Xanneth: prehaps bunny more so
Xanneth: and bunny was stepping on rita's feet
Xanneth: and rita was like, pointing or something down to her feet, and bunny was too silly to understand what she meant
Xanneth: and rita was like, feet, feet!
Xanneth: and bunny was just looking at them
Xanneth: ha ha
Xanneth: i think she got off eventually
Xanneth: :]
Bruin7089 (7:51:54 PM): got off of the feet?
Bruin7089: not got off on the feet?

More about Vegas from Bunny's bachelorette party as told by Annie.

Xanneth (7:56:22 PM): we went to hte hotel and got ready and decide dto order pizza to save some time
Xanneth (7:56:34 PM): we all got into our bunny-fits and took some silly pictures in the room
Xanneth (7:56:41 PM): bunny, rita, macy and i were pretty f-in tired
Xanneth (7:56:45 PM): rose drove the whole way over tehre
Xanneth (7:56:53 PM): oh yah, we stopped at the mall too on the way
Xanneth (7:56:56 PM): then we went out
Xanneth (7:57:02 PM): we went to aladdin and the curve club
Xanneth (7:57:20 PM): we got 3 bunnies for free and 3 bunnies for half price
Xanneth (7:57:46 PM): or was it 4
Xanneth (7:57:55 PM): i dunno, there were 7 of us and we got in cheaply
Xanneth (7:57:58 PM): and we were dancing
Xanneth (7:58:02 PM): and bunny had to do tasks
Xanneth (7:58:06 PM): and people were signing her
Xanneth (7:58:09 PM): and we met this other bachelor
Xanneth (7:58:16 PM): and everyone in the VIP section invited us over
Xanneth (7:58:19 PM): and we went there and boogied
Xanneth (7:58:36 PM): and there was this pool table section that was reserved for tommy lee and brad pitt
Xanneth (7:58:48 PM): but they weren't there at that moment so we went into htat section adnh some of the girls were palying pool
Xanneth (7:58:58 PM): and then we met up with the 8th bunny
Xanneth (7:59:07 PM): then rose met some guy at the high rollers table
Xanneth (7:59:17 PM): and we went inot hte secret passage ways of aladdin into some limos
Xanneth (7:59:26 PM): and we drove to the rio to picl up this girls sister
Xanneth (7:59:38 PM): i mena this guy's sister who was some former miss DC or something
Xanneth (7:59:48 PM): but she was pissed becase she had been waiting a long time or something
Xanneth (7:59:55 PM): then we went switched limos
Xanneth (8:00:01 PM): then we went to mandalay bay
Xanneth (8:00:06 PM): and we met steve franci
Xanneth (8:00:09 PM): oops francis
Xanneth (8:00:22 PM): and i guess he was some basketball player but none of us knew who he was
Xanneth (8:00:23 PM): ha ha
Xanneth (8:00:27 PM): so we took pictures there
Xanneth (8:00:41 PM): and then we went gambling a little there and a lot of the bunnies went home
Xanneth (8:01:03 PM): the next day we got up walked around, went to eat, some hit the pool, but around 6 ot 7 we all gathered in the room to decde whate we were going to do
Xanneth (8:01:18 PM): we ended up going todinner with one of bunny's friends who happened to be there for a bachelor party
Xanneth (8:01:24 PM): we ate with those bachelor's
Xanneth (8:01:47 PM): but 4 of us, rita, macy, buunny and i didn't eat because we went ot hte bellagio buffet earlier and were stuffed
Xanneth (8:01:52 PM): but they didn't listen and ordered for s anyway
Xanneth (8:02:02 PM): and it was like 40 something bucks a person
Xanneth (8:02:09 PM): and the bill was like 800 but none of us pai
Xanneth (8:02:10 PM): d
Xanneth (8:02:19 PM): and then we realized ther was a club upstairs
Xanneth (8:02:28 PM): so we SNUCK away from dinner and went to go boogy
Xanneth (8:02:42 PM): and we stayed there and danced for a few hours when all the girls came up
Xanneth (8:02:51 PM): and then we were harassing this security guy
Xanneth (8:02:59 PM): that was really fun
Xanneth (8:03:16 PM): and then while we were dancing the guys came back and were like, come with us we are going to antoher club
Xanneth (8:03:28 PM): come ride in our stretch thing and come with us
Xanneth (8:03:45 PM): so personnaly i was sick of these guys already
Xanneth (8:03:50 PM): they were totally cramping our style
Xanneth (8:03:57 PM): but they did pay for dinner and all that crap
Xanneth (8:04:13 PM): anyway, so half of us were already in the limo and the rest of us were still in the club
Xanneth (8:04:21 PM): but then we all ended up in the stretch thing
Xanneth (8:04:31 PM): it wans't a limo though, it was more like a stretch suv or something
Xanneth (8:04:46 PM): and we were driving and driving, and i was like, where are we going? and no one knew
Xanneth (8:04:53 PM): and then we ended up at this strip joint
Xanneth (8:05:00 PM): and i was kind of pissed becuase they told us they were going to a club
Xanneth (8:05:16 PM): but anyway, we get out, i don't really want ot go in because i just had a coughing fit from something
Xanneth (8:05:24 PM): and i wans't too hot on going into a smokey room again
Xanneth (8:05:39 PM): but in we went because they paid for us again
Xanneth (8:05:50 PM): and some of the girls wanted to goand bunny was too tired to care
Bruin7089 (8:06:22 PM): what about the big rig tires?
Xanneth (8:07:03 PM): oh that's later

And yet, still more about Vegas.

Xanneth (8:07:14 PM): but let me tell you about these strip clubs
Xanneth (8:07:30 PM): they were really dark and there were all these chairs in circles
Xanneth (8:07:34 PM): and guys getting lap dances
Xanneth (8:07:40 PM): and these girls were pretty much naked
Xanneth (8:07:54 PM): and they were doing their things and all these guys were touching them like all over
Xanneth (8:08:05 PM): and the girls were letting them lick them and pretty much do anything they wanted
Xanneth (8:08:10 PM): and i was like ew, where are the poles?
Xanneth (8:08:21 PM): i was displeased but i was trying to be cool because i thought bunny wanted to be there
Xanneth (8:08:26 PM): but apaprently she didn't want to be there either
Xanneth (8:08:34 PM): so half ofus left and went back to the hotel
Xanneth (8:08:47 PM): bunny stayed with one of her cousins and one of her friends with the dudes who i did not trust
Xanneth (8:09:00 PM): and then we went back to the hotel room and soaked our feet in the hot tub
Xanneth (8:09:03 PM): in our room!!!
Xanneth (8:09:10 PM): and then bunny came back not too much later
Xanneth (8:09:26 PM): then we went to sleep
Xanneth (8:09:31 PM): then we got up the next day and disbanded
Xanneth (8:09:36 PM): oh, but about the drives
Xanneth (8:09:45 PM): on the way there a bag of cement had fallen off a truck
Xanneth (8:10:08 PM): and we were in the left lane and a big rig was in the right
Xanneth (8:10:21 PM): and the big rig drove over the cement bag and a big cloud rose up and we were in a haze!
Xanneth (8:10:26 PM): and we couldn't see shit!
Xanneth (8:10:27 PM): it was scary
Xanneth (8:10:39 PM): but on the way back freakin' there was this big rig and one of its tires flew off
Xanneth (8:10:48 PM): but there were two pieces so ia m not sure what the other thing was
Xanneth (8:10:51 PM): but it was the back right one
Xanneth (8:11:00 PM): and one piece went to the right
Xanneth (8:11:11 PM): and the other piece went towards the left toward where we were
Xanneth (8:11:20 PM): but luckily it missed and went on to the other side of the road
Xanneth (8:11:40 PM): but then it was rolling pretty fast and it HIT this white SUV
Xanneth (8:11:56 PM): and you can see the SUV all swirvin' but it gets it and makes a loud noise
Xanneth (8:12:25 PM): and we were scared the car or the SUV was gonna get us

The end?

Bruin7089 (8:14:37 PM): So that's the whole Vegas trip?
Xanneth (8:15:14 PM): in a nutshell
Bruin7089 (8:15:33 PM): That's one big nutshell
Xanneth (8:16:01 PM): hee
Xanneth (8:16:05 PM): did yo look at the pictures?
Bruin7089 (8:16:20 PM): didn't know you had sent them already
Xanneth (8:16:26 PM): yup i sent a link
Xanneth (8:17:07 PM): oh and ther was a drunk dial by san in there
Xanneth (8:17:11 PM): sean
Xanneth (8:17:34 PM): oh and we met a lot of dentists

Scheduling Next Year

The current thought is to sign up for section R1 to stay away from a certain prof. My first choice would be T1 but it seems like everyone is trying to get into that section. And if I sign up for a section before my turn is up to select classes then I'll automatically be assigned to one of the other two sections. So I guess my strategic first choice should be R1.

It would help to know how many students get into each section but as it is my registration number is 174 out of about 210. In my estimate, that would be cutting it close to the point where section T1 could be all filled up.

Law School Memory #30: Cases

Before calling on the person for the next to last case Prof. Property said, "Who is going to escape the first semester without being called on - not 'Yumma'." But who got called on for the very last case of the first semester in Property? Yeah... me. Just another one in a pattern establishing bad luck. But is it bad luck? Or did I bring it upon myself? Well the teddy bear/stuffed animal/Bruin paraphernalia/whatever-words-make-it sound-not-lame I toted to class and propped up on my desk as part of UCLA-USC rivalry week might have brought the unwanted attention. So I got through most of the facts unscathed with a bit of help offered from Annie and Brian. Two questions got me, what kind of lease was it and what was the decision based on. She gave me a few options to choose from with regards to the last question and one of the options was policy and since she was big on policy I figured that had to be the answer. I figured wrong.

The case:

This is an action to cancel two leases executed by John Josiah Swartzbaugh, as lessor, to Sam A. Sampson, as lessee, of two adjoining parcels of land in Orange county. A motion for nonsuit was granted at the close of plaintiff's case, and this appeal followed.

Defendant Swartzbaugh and plaintiff are husband and wife. They owned, as joint tenants with the right of survivorship, 60 acres of land in Orange county planted to bearing walnuts. In December, 1933, defendant Sampson started negotiations with plaintiff and her husband for the leasing of a small fraction of this land fronting on highway 101 for a site for a boxing pavilion. Plaintiff at all times objected to making the lease, and it is thoroughly established that Sampson knew she would not join in any lease to him. The negotiations resulted in the execution of an option for a lease, dated January 5, 1934, signed by Swartzbaugh and Sampson. The lease, dated February 2, 1934, was executed *453 by the same parties. A second lease of property adjoining the site of the boxing pavilion was signed by Swartzbaugh and Sampson. This was also dated February 2, 1934, but probably was signed after that date. Plaintiff's name does not appear in any of the three documents, and Sampson was advised that she would not sign any of them.

The walnut trees were removed from the leased premises. Sampson went into possession, erected his boxing pavilion, and placed other improvements on the property.

Plaintiff was injured in February, 1934, and was confined to her bed for some time. This action was started on June 20, 1934. Up to the time of the trial plaintiff had received no part of the rental of the leased property. Sampson was in possession of all of it under the leases to the exclusion of plaintiff.

There is but one question to be decided in this case which may be stated as follows: Can one joint tenant who has not joined in the leases executed by her cotenant and another maintain an action to cancel the leases where the lessee is in exclusive possession of the leased property? Swartzbaugh v. Sampson, 54 P.2d 73 (Cal.App. 4 Dist. 1936).

Personal Rankings of Subjects

1. Torts
2. Crim Law
3. Crim Pro
4. Contracts
5. Property
6. Civ Pro
7. LR&W

Personal Rankings Of Section B Day Profs.

1. Prof. Crim Law
2. Prof. Torts
3. Prof. Civ Pro I
4. Prof. Contracts
5. Prof. Crim Pro
6. Prof. LR&W
7. Prof. Property
8. Prof. Civ Pro II

It Is Weird

Bunny asked me over AIM if it was weird now that we have nothing to do. That's the nature of law school, it's so time consuming all the way up until you finish that last exam that it is a bit of a shock to have it suddenly be that you're not worrying about getting stuff done for school anymore. It's a great relief to be sure but it's also kind of sad.

Hmmm, am I becoming a Type A personality? Is that how law school has changed me?

What Law School Taught Me

* I need to study both alone and in a group.
* I need to read every case and every note at the end of the case to really understand.
* Canned briefs did not help.
* Book briefing saves time and is just as effective as writing them out if I repeatedly review the notes I make in the margins.
* I can get to know the cases well enough to the point where fact patterns/hypos will remind me of them.
* Commercial outlines don't work for me.
* I don't necessarily need to make my own detailed outlines if I've been reviewing my own notes constantly but I do need my own barebones outline that also serves as a checklist.
* Flashcards did work for me.
* I'm not very productive after 5pm.
* I'm most productive between the hours of 6am and 9am.
* I'm disciplined enough to adhere to a workout schedule and should because it relieves the stress and it really helps to be fit and healthy to study the law.
* The Understanding Series really helped me to understand.
* The Examples & Explanations Series were also helpful in giving me a very basic understanding or as a basic review.
* It doesn't always help to pay attention in class but it usually does.
* No matter how good the study aides, they didn't help me if I didn't give them enough time.
* I prefer to study outside rather than in the library and I tend to get more done outside.
* I can't study at home.
* I should have spent more time getting to know my professors outside of class.

Sorry Laker Fans

Several people have been coming across this site by typing in "another lucky shot deserves another shirt" into Google and Yahoo!. Apparently the search engines are combining these two posts. So to all those looking for those t-shirts with 0.4 on the front and Shaq's quote on the back... tough luck but not as tough as it was for the Spurs.

Also, someone did a straight search for waynesoller on Google, which, in a state of paranoia, has me asking, who the fuck is looking for me?

I'd Like To Nominate Prof. Property

What Next Year Might Be Like

From The Menagerie's May 13th post.

* It was nice to pick my classes. More like college, less like high school, than 1L.
* It was more reading, but more interesting reading.
* It wasn't as difficult, material-wise, but some of the exams were killer.
* The professors are more relaxed.
* I seemed to have more free time, but I always felt busy.
* I enjoyed gardening more.
* I enjoyed school more.
* I enjoyed my fellow students more. It's been fun watching the younger ones transform themselves from college kids to professionals.
* 1Ls this year looked really young. (I thought it was a psychological thing, but a friend on the admissions committee said they were, on average, a few years younger than our class had been.)

My token advice for the 2L year (similar to my 1L advice): Work hard, but know when to stop. Read for every class. Keep the hobbies you enjoy. Cut back on your extra-curricular commitments, but make time for friends and family outside of school, even if you don't think you have the time to. Drink good wine on occasion. Pamper yourself in the run up to finals. Don't listen to rumors. Take practice exams. Befriend your fellow students and ignore the competitive ones. Go for long walks during study breaks, to clear your mind. Smile at everyone you see; say "hi" to a random new person every day. If you have a bad feeling about a class the first day, drop it and take something else.

Salary Information By State

Law School Memory #29: Cases

Prof. Contracts' method of calling on people to brief a case for the class was to ask, "Student Out of Luck's Name, would you like to volunteer to do this case for the class?" He would then mark off that student's name on his roll sheet to make sure everyone got called on once and then going through it again. Well I made it through the first semester without having been called on to volunteer but he eventually got to me in the second semester. And it so happened to be on the day when my friends took me out to Grand Lux for lunch to celebrate my birthday. Of course, I had a drink of JD neat and being the lightweight I am I was feeling the effects of it as we made our way back to school for Contracts.

So there I am, sitting in my front row seat, slightly inebriated, lightly going over the highlighted text in my casebook, thinking there's no way I would get called on - so I'm not pressing myself to understand it, but also thinking how funny it might be if I were to be called on, and then I heard my luck had run out, "Wayne, would you like to volunteer to do this case for the class?" And it wasn't funny, but I did manage a grin to myself. I rushed through the case, my speech a bit slurred perhaps but it probably came more across as incoherent mumbling, as I managed to get through it without evidencing my slight inebriation. I think. Bunny later told me that Arpineh said it would have been funnier if I had drank more. Anyway here's the case:

This is a breach of contract case. Plaintiff, Kelsey-Hayes Company (Kelsey-Hayes), alleges defendant, Galtaco Redlaw Castings Corporation (Galtaco) [FN1], breached a three-year agreement (the 1987 contract) for the purchase of castings. In addition *795 to the damages allegedly suffered as a result of the breach of the 1987 contract, Kelsey-Hayes seeks a declaratory judgment that it does not have to pay Galtaco price increases to which it agreed in 1989. Kelsey-Hayes asserts the 1989 contract modifications (1989 agreements) containing the price increases (1) were agreed to by Kelsey-Hayes under duress, (2) were unconscionable, (3) were demanded by Galtaco in bad faith and (4) constitute unjust enrichment to Galtaco. Galtaco says in response that Kelsey-Hayes waived its breach of contract claims and, in addition, argues that the defenses Kelsey-Hayes raises regarding the validity of the 1989 agreements have no merit. Kelsey-Hayes Co. v. Galtaco Redlaw Castings Corp., 749 F.Supp. 794 (E.D.Mich., 1990)