Saturday, May 29, 2004
Friday, May 28, 2004
Take the quiz: "Which American City Are You?"
Las Vegas
You Shine bright and partake in all the vices. You'd rather burn out then fade away.
Las Vegas
You Shine bright and partake in all the vices. You'd rather burn out then fade away.
Thursday, May 27, 2004
Summer School At Southwestern Begins Tomorrow
I'll be out somewhere shopping.
Received the email yesterday. Any other advice is welcomed.
Dear Summer Program Participants,
I look forward to welcoming you in person to the Southwestern University School of Law Summer Program in Cambridge, England. Once we all arrive in Cambridge, there will plenty of time talk face-to-face about the program, the courses, your careers, travel in England, and anything else you like. I’m writing you now, though, because there are some things I think you may want to know, even before you leave home for England.
Here’s what I have in mind:
1. Getting to Fitzwilliam College in Cambridge, from the London-area airport where your plane is likely to be landing.
2. Bringing the right clothes for Southwestern-arranged extra-curricular activities, and for the weather.
3. Having British money for meals, snacks, buses, trains and taxis, on your first day in England.
4. Buying a BritRail or Eurail train pass, if you plan to sightsee in England or Europe during or after the program.
5. Having a cell phone for your use in England.
6. Getting to know Cambridge.
Books for your courses will be shipped to you in about a week, along with an updated copy (on paper) of the information in this email. Here, though, is what I think you may want to know about these things, before your books arrive:
1. GETTING TO FITZWILLIAM COLLEGE IN CAMBRIDGE FROM THE AIRPORT:
Your trip to Cambridge involves (at least) two stages. First, you’ll fly to London; then you’ll travel from London to Cambridge. The transportation you’ll use to get from London to Cambridge depends on which London-area airport your plane lands in. There are two possibilities: Heathrow Airport (which is 71 miles from Cambridge); and Gatwick Airport (which is 95 miles from Cambridge).
If your plane lands at Heathrow
If your plane lands at London’s Heathrow Airport, you can take either a bus (which will be convenient if you will be traveling straight from the airport to Cambridge) or a train (which will be convenient if you are arriving in England a few days early and will be staying overnight in London before coming to Cambridge).
BUS SERVICE (DIRECT FROM HEATHROW AIRPORT):
The least expensive transportation between Heathrow Airport and Cambridge is by National Express bus which leaves the airport from the Heathrow Central Bus Station approximately every half hour. The journey to Cambridge is 2 hours and 40 minutes by bus. You should get off the bus at the main Cambridge Coach Station on Drummer Street and take a taxi to Fitzwilliam College. (The Cambridge Coach Station – i.e., “bus” station – is within walking distance to Fitzwilliam, but it’s somewhat uphill and may be a long walk with luggage in tow, after a very long plane and bus ride. That’s why you may want to take a taxi for the very last leg of your trip.)
To see bus schedules and fares, log on to www.nationalexpress.com.
It is possible to purchase a student discount card for National Express buses which allows a 30 percent savings. The initial cost is £10. The round-trip (called “return”) fare between Heathrow and Cambridge is £29.50. The single (one-way) fare is £24.
Note that there are luggage size restrictions for the National Express buses.
TRAIN/BUS/TUBE SERVICE (VIA LONDON):
It also is possible to take a train, a bus or the tube (the subway) into London from Heathrow Airport, and then to travel from London to Cambridge by train or bus.
The fastest way into London from Heathrow is on a train called the Heathrow Express. For schedules, see www.heathrowexpress.com. The Express takes just 15 minutes from the airport to London Paddington station. The fare on is £13 single (one-way) or £25 return (round-trip.)
You also can take a National Express bus from Heathrow to London’s Victoria Coach Station which is adjacent to the Victoria (tube) Station. The bus leaves approximately every 15 minutes and costs £9 single (one way) or £15 return (round-trip.)
Or you can take the tube from Heathrow (it picks up at all terminals) into London. In fact, you can take the tube all the way to London’s Kings Cross Station, if you like. (Kings Cross Station is the departure point for trains to Cambridge; see the following paragraph.) To download a London tube map, visit www.tube.tfl.gov.uk.
To get to Cambridge from London by train, you must travel by tube (subway) to Kings Cross Station which has trains to Cambridge. From Paddington or Victoria Station, you would take the tube to King’s Cross Station and then take a train to Cambridge. Trains run about every 15 minutes and take 45 minutes to an hour to Cambridge. Fares and schedules are available at www.nationalrail.co.uk. (Note that when inserting travel dates on the National Rail website, the information is listed as day, month and year, not month, day and year as is US custom.) The fare from London to Cambridge is £16.40 single (one-way) or £26 return (round-trip). Getting around on the London tube system with heavy or bulky luggage is difficult work, though many travelers do it. You also can take a taxi to King’s Cross Station, but London taxis are expensive.
If you wish to take a bus from London to Cambridge, there is service leaving Victoria Coach Station to Cambridge Drummer Street which costs £9 single or £15 return. It leaves every hour and takes 2 hours to arrive in Cambridge.
2. Bringing the right clothes for southwestern-arranged extra-curricular activities, and for the weather:
For classes and recreational activities, bring whatever clothes you’ll be comfortable wearing. You’ll probably walk a great deal more in England than you do at home, so be certain to bring good walking shoes. Also, it’s likely to rain some (or even a lot), especially during the first couple of weeks we’re in England. (That’s why England is so beautifully green, even during the summer.) So bring a lightweight rain jacket (it won’t be cold, even while it’s raining). (I use a rain jacket that’s so lightweight it can be rolled into a little sack and carried in a backpack, when it’s not needed.)
Southwestern has arranged several extracurricular activities for which dressy clothes will be appropriate (maybe even necessary), so men should bring a jacket and tie, and women should bring a dress or pants suit – in other words, business clothes of the kind you would wear if you were going to appear in court in the United States. You’ll want clothes of this kind for visits we have planned to London law firms, to the legal office of the British Museum, and for the opening day dinner which will be attended by a Master and Fellow of Fitzwilliam College. In my experience, the British are very friendly; but they are more formal in their attire than Americans (certainly more formal than those of us from Southern California). One summer when I taught in London, several students were not admitted to a pre-arranged (and expensive) dinner in a private club, because the men were not wearing jackets and ties and the women were not wearing dresses. Southwestern has not scheduled any activities in places as stuffy as that private club; but dressy clothes will be appropriate for a few events, so don’t forget to pack something you could wear in an American courtroom.
3. Having British money for meals, snacks and taxis, on your first day in England:
The least expensive and easiest way to change American money into British money is to use your credit or debit card at an ATM machine in England. You will need some British money shortly after you arrive, for transportation to Cambridge or into London (by bus, tube, and/or taxi), and for meals or snacks. You probably will be able to use your credit card to buy train or bus tickets, but not for tube tickets, taxis or meals and snacks. So, the question is what you should do to get British money for those purposes.
There are (as I recall) ATM machines right in Heathrow and Gatwick Airports. Consider, though, that when you arrive at one of those airports, you will be tired and anxious to get going. You may even be in a hurry to catch the next departing bus or train. So, if you get through security at your departure airport with time to spare before you plane to England actually boards, look around inside the airport terminal for a foreign currency exchange booth. It is quite likely you will pay more to buy British money there than if you wait to use an ATM in England itself; but if you do buy British money before leaving, you’ll have some as soon as your plane lands, and then can buy more later at an ATM in Cambridge using your credit or debit card.
4. Buying a BritRail or Eurail train pass, if you plan to sightsee in England or Europe during or after the program:
Sights throughout England and Europe are available easily by train. If you think that you will be traveling throughout the UK or the Continent, consider purchasing a BritRail Pass or a Eurail Pass before you leave the United States. BritRail passes are only available to tourists, and they must be purchased before you leave for England. They come in 4, 8 or 15-day increments. Although they initially seem quite expensive, they represent sharp savings in comparison to purchasing train tickets to individual destinations. For Eurail and BritRail information, see http://www.raileurope.com/us/index.htm. Since they must be purchased while you still are in the United States, leave time to have them mailed to you well prior to departure.
Megabus, a new low-cost bus service that connects 20 cities (not including Cambridge, unfortunately) in England, Scotland and Wales is offering 20% of its seats for less than $3.00 per ticket this summer. It has 30 94-seat double-decker buses in operation and may be booked 6 weeks to an hour before departure. For connection information, go to www.megabus.com. Backpacker bus service also is available at www.radicaltravel.com or, for travel within Scotland, www.macbackpackers.com, a hostel-to-hostel service. For budget, student service, also check out www.statravel.com, a collaboration between STA Travel and Let’s Go, the student guidebook series.
5. Having a cell phone for your use in England:
We are waiting for confirmation from Fitzwilliam that phones will be available in your dorm rooms, and if they are, how much it will cost for you to use them. (The British phone system is quite different from the phone system in the United States. In the UK, people pay for their outgoing calls by the minute, even if they are simply calling across the street!) Even if dorm phones are available, however, you will be able to use them only while you are in your room – not while you’re out-and-about in greater Cambridge, let alone while you are in London. So, if you think you may want to be able to keep in touch with family or friends back home, or even classmates from the program, while you are away from your dorm room, consider renting or buying a UK cell phone. (Your U.S. cell phone will not work in England, unless it is an “unlocked tri-band” model; and even then, you’ll need a UK-specific “SIM” card.)
If you Google “cell phone” and “UK,” you’ll come up with dozens of companies that rent and sell the kind of phone you can use in England (and elsewhere). I just bought one from www.cellularabroad.com – a company that’s located here in Los Angeles (on Pico Blvd. in West LA). I did a little comparison shopping online, before buying from Cellular Abroad, and it seemed to be the least expensive – or at least no more expensive than any of the others. You’ll note (from the Cellular Abroad website) that it costs little more to buy a phone and SIM card ($205 including tax) than it does to rent one for the 5 or so weeks we’ll be in England ($148 plus tax). If you’ll be traveling in other countries after the program, you’ll need an additional SIM card for each country you want to use the phone in; but they are available for purchase too.
6. GETTING TO KNOW CAMBRIDGE:
Cambridge is quite compact (by comparison with Los Angeles and London) and thus is quite “walkable.” That is, it’s likely you’ll be able to get from Fitzwilliam College to all other Cambridge attractions on foot (including the train and inter-city bus stations, when you’re not carrying luggage).
Cambridge also is perfect for bicycles. For information about bike rentals, see http://www.cam..ac.uk/cambarea/local/bikehire.html. There is a free shuttle bus service within Cambridge. For information, see http://www.cam.ac.uk/cambarea/travel/bus.html.
There are innumerable websites and travel books about Cambridge, London and England. Books will be available to peruse in the program office. Information also can be found at the these websites:
http://www.e-cambridge.co.uk/
http://www.cybercityguides.com/cgi-bin/framefix.pl?new=sightseeing/attractions.html&Domain=cambridge
http://www.plcane.clara.net/cambridge/
http://www.eastofenglandtouristboard.com/index.htm
http://www.thisisessex.co.uk/essex/local_interest/dunmow/trials2004.html
I'm looking forward to meeting each of you in person. If you have questions that need to be answered before you leave for England, feel free to email them back to me.
Best regards,
Director, 2004 Cambridge Summer Abroad Program
Received the email yesterday. Any other advice is welcomed.
Dear Summer Program Participants,
I look forward to welcoming you in person to the Southwestern University School of Law Summer Program in Cambridge, England. Once we all arrive in Cambridge, there will plenty of time talk face-to-face about the program, the courses, your careers, travel in England, and anything else you like. I’m writing you now, though, because there are some things I think you may want to know, even before you leave home for England.
Here’s what I have in mind:
1. Getting to Fitzwilliam College in Cambridge, from the London-area airport where your plane is likely to be landing.
2. Bringing the right clothes for Southwestern-arranged extra-curricular activities, and for the weather.
3. Having British money for meals, snacks, buses, trains and taxis, on your first day in England.
4. Buying a BritRail or Eurail train pass, if you plan to sightsee in England or Europe during or after the program.
5. Having a cell phone for your use in England.
6. Getting to know Cambridge.
Books for your courses will be shipped to you in about a week, along with an updated copy (on paper) of the information in this email. Here, though, is what I think you may want to know about these things, before your books arrive:
1. GETTING TO FITZWILLIAM COLLEGE IN CAMBRIDGE FROM THE AIRPORT:
Your trip to Cambridge involves (at least) two stages. First, you’ll fly to London; then you’ll travel from London to Cambridge. The transportation you’ll use to get from London to Cambridge depends on which London-area airport your plane lands in. There are two possibilities: Heathrow Airport (which is 71 miles from Cambridge); and Gatwick Airport (which is 95 miles from Cambridge).
If your plane lands at Heathrow
If your plane lands at London’s Heathrow Airport, you can take either a bus (which will be convenient if you will be traveling straight from the airport to Cambridge) or a train (which will be convenient if you are arriving in England a few days early and will be staying overnight in London before coming to Cambridge).
BUS SERVICE (DIRECT FROM HEATHROW AIRPORT):
The least expensive transportation between Heathrow Airport and Cambridge is by National Express bus which leaves the airport from the Heathrow Central Bus Station approximately every half hour. The journey to Cambridge is 2 hours and 40 minutes by bus. You should get off the bus at the main Cambridge Coach Station on Drummer Street and take a taxi to Fitzwilliam College. (The Cambridge Coach Station – i.e., “bus” station – is within walking distance to Fitzwilliam, but it’s somewhat uphill and may be a long walk with luggage in tow, after a very long plane and bus ride. That’s why you may want to take a taxi for the very last leg of your trip.)
To see bus schedules and fares, log on to www.nationalexpress.com.
It is possible to purchase a student discount card for National Express buses which allows a 30 percent savings. The initial cost is £10. The round-trip (called “return”) fare between Heathrow and Cambridge is £29.50. The single (one-way) fare is £24.
Note that there are luggage size restrictions for the National Express buses.
TRAIN/BUS/TUBE SERVICE (VIA LONDON):
It also is possible to take a train, a bus or the tube (the subway) into London from Heathrow Airport, and then to travel from London to Cambridge by train or bus.
The fastest way into London from Heathrow is on a train called the Heathrow Express. For schedules, see www.heathrowexpress.com. The Express takes just 15 minutes from the airport to London Paddington station. The fare on is £13 single (one-way) or £25 return (round-trip.)
You also can take a National Express bus from Heathrow to London’s Victoria Coach Station which is adjacent to the Victoria (tube) Station. The bus leaves approximately every 15 minutes and costs £9 single (one way) or £15 return (round-trip.)
Or you can take the tube from Heathrow (it picks up at all terminals) into London. In fact, you can take the tube all the way to London’s Kings Cross Station, if you like. (Kings Cross Station is the departure point for trains to Cambridge; see the following paragraph.) To download a London tube map, visit www.tube.tfl.gov.uk.
To get to Cambridge from London by train, you must travel by tube (subway) to Kings Cross Station which has trains to Cambridge. From Paddington or Victoria Station, you would take the tube to King’s Cross Station and then take a train to Cambridge. Trains run about every 15 minutes and take 45 minutes to an hour to Cambridge. Fares and schedules are available at www.nationalrail.co.uk. (Note that when inserting travel dates on the National Rail website, the information is listed as day, month and year, not month, day and year as is US custom.) The fare from London to Cambridge is £16.40 single (one-way) or £26 return (round-trip). Getting around on the London tube system with heavy or bulky luggage is difficult work, though many travelers do it. You also can take a taxi to King’s Cross Station, but London taxis are expensive.
If you wish to take a bus from London to Cambridge, there is service leaving Victoria Coach Station to Cambridge Drummer Street which costs £9 single or £15 return. It leaves every hour and takes 2 hours to arrive in Cambridge.
2. Bringing the right clothes for southwestern-arranged extra-curricular activities, and for the weather:
For classes and recreational activities, bring whatever clothes you’ll be comfortable wearing. You’ll probably walk a great deal more in England than you do at home, so be certain to bring good walking shoes. Also, it’s likely to rain some (or even a lot), especially during the first couple of weeks we’re in England. (That’s why England is so beautifully green, even during the summer.) So bring a lightweight rain jacket (it won’t be cold, even while it’s raining). (I use a rain jacket that’s so lightweight it can be rolled into a little sack and carried in a backpack, when it’s not needed.)
Southwestern has arranged several extracurricular activities for which dressy clothes will be appropriate (maybe even necessary), so men should bring a jacket and tie, and women should bring a dress or pants suit – in other words, business clothes of the kind you would wear if you were going to appear in court in the United States. You’ll want clothes of this kind for visits we have planned to London law firms, to the legal office of the British Museum, and for the opening day dinner which will be attended by a Master and Fellow of Fitzwilliam College. In my experience, the British are very friendly; but they are more formal in their attire than Americans (certainly more formal than those of us from Southern California). One summer when I taught in London, several students were not admitted to a pre-arranged (and expensive) dinner in a private club, because the men were not wearing jackets and ties and the women were not wearing dresses. Southwestern has not scheduled any activities in places as stuffy as that private club; but dressy clothes will be appropriate for a few events, so don’t forget to pack something you could wear in an American courtroom.
3. Having British money for meals, snacks and taxis, on your first day in England:
The least expensive and easiest way to change American money into British money is to use your credit or debit card at an ATM machine in England. You will need some British money shortly after you arrive, for transportation to Cambridge or into London (by bus, tube, and/or taxi), and for meals or snacks. You probably will be able to use your credit card to buy train or bus tickets, but not for tube tickets, taxis or meals and snacks. So, the question is what you should do to get British money for those purposes.
There are (as I recall) ATM machines right in Heathrow and Gatwick Airports. Consider, though, that when you arrive at one of those airports, you will be tired and anxious to get going. You may even be in a hurry to catch the next departing bus or train. So, if you get through security at your departure airport with time to spare before you plane to England actually boards, look around inside the airport terminal for a foreign currency exchange booth. It is quite likely you will pay more to buy British money there than if you wait to use an ATM in England itself; but if you do buy British money before leaving, you’ll have some as soon as your plane lands, and then can buy more later at an ATM in Cambridge using your credit or debit card.
4. Buying a BritRail or Eurail train pass, if you plan to sightsee in England or Europe during or after the program:
Sights throughout England and Europe are available easily by train. If you think that you will be traveling throughout the UK or the Continent, consider purchasing a BritRail Pass or a Eurail Pass before you leave the United States. BritRail passes are only available to tourists, and they must be purchased before you leave for England. They come in 4, 8 or 15-day increments. Although they initially seem quite expensive, they represent sharp savings in comparison to purchasing train tickets to individual destinations. For Eurail and BritRail information, see http://www.raileurope.com/us/index.htm. Since they must be purchased while you still are in the United States, leave time to have them mailed to you well prior to departure.
Megabus, a new low-cost bus service that connects 20 cities (not including Cambridge, unfortunately) in England, Scotland and Wales is offering 20% of its seats for less than $3.00 per ticket this summer. It has 30 94-seat double-decker buses in operation and may be booked 6 weeks to an hour before departure. For connection information, go to www.megabus.com. Backpacker bus service also is available at www.radicaltravel.com or, for travel within Scotland, www.macbackpackers.com, a hostel-to-hostel service. For budget, student service, also check out www.statravel.com, a collaboration between STA Travel and Let’s Go, the student guidebook series.
5. Having a cell phone for your use in England:
We are waiting for confirmation from Fitzwilliam that phones will be available in your dorm rooms, and if they are, how much it will cost for you to use them. (The British phone system is quite different from the phone system in the United States. In the UK, people pay for their outgoing calls by the minute, even if they are simply calling across the street!) Even if dorm phones are available, however, you will be able to use them only while you are in your room – not while you’re out-and-about in greater Cambridge, let alone while you are in London. So, if you think you may want to be able to keep in touch with family or friends back home, or even classmates from the program, while you are away from your dorm room, consider renting or buying a UK cell phone. (Your U.S. cell phone will not work in England, unless it is an “unlocked tri-band” model; and even then, you’ll need a UK-specific “SIM” card.)
If you Google “cell phone” and “UK,” you’ll come up with dozens of companies that rent and sell the kind of phone you can use in England (and elsewhere). I just bought one from www.cellularabroad.com – a company that’s located here in Los Angeles (on Pico Blvd. in West LA). I did a little comparison shopping online, before buying from Cellular Abroad, and it seemed to be the least expensive – or at least no more expensive than any of the others. You’ll note (from the Cellular Abroad website) that it costs little more to buy a phone and SIM card ($205 including tax) than it does to rent one for the 5 or so weeks we’ll be in England ($148 plus tax). If you’ll be traveling in other countries after the program, you’ll need an additional SIM card for each country you want to use the phone in; but they are available for purchase too.
6. GETTING TO KNOW CAMBRIDGE:
Cambridge is quite compact (by comparison with Los Angeles and London) and thus is quite “walkable.” That is, it’s likely you’ll be able to get from Fitzwilliam College to all other Cambridge attractions on foot (including the train and inter-city bus stations, when you’re not carrying luggage).
Cambridge also is perfect for bicycles. For information about bike rentals, see http://www.cam..ac.uk/cambarea/local/bikehire.html. There is a free shuttle bus service within Cambridge. For information, see http://www.cam.ac.uk/cambarea/travel/bus.html.
There are innumerable websites and travel books about Cambridge, London and England. Books will be available to peruse in the program office. Information also can be found at the these websites:
http://www.e-cambridge.co.uk/
http://www.cybercityguides.com/cgi-bin/framefix.pl?new=sightseeing/attractions.html&Domain=cambridge
http://www.plcane.clara.net/cambridge/
http://www.eastofenglandtouristboard.com/index.htm
http://www.thisisessex.co.uk/essex/local_interest/dunmow/trials2004.html
I'm looking forward to meeting each of you in person. If you have questions that need to be answered before you leave for England, feel free to email them back to me.
Best regards,
Director, 2004 Cambridge Summer Abroad Program
Wednesday, May 26, 2004
Chinagate
Continuation from this long forgotten post.
An extended workout; deftly avoided a one-eyed staring contest with Brian, picked up Bunny; got stuck in traffic; tail comment made; had Chinese food that made me wish for Panda Express - pork or chicken?; Prof. Civ Pro sat with us; mood lighting taken away - are you always this funny Brian?; piece of food swatted onto Sean Paul; watched slide show of Chinese - carrying water buckets, can you see the bullet holes?, it's the short one; got introduced as the SBA rep. for APALSA; Bunny's dimple got poked - not her third dimple; took pictures; avoided taking home the fish head as a leftover.
An extended workout; deftly avoided a one-eyed staring contest with Brian, picked up Bunny; got stuck in traffic; tail comment made; had Chinese food that made me wish for Panda Express - pork or chicken?; Prof. Civ Pro sat with us; mood lighting taken away - are you always this funny Brian?; piece of food swatted onto Sean Paul; watched slide show of Chinese - carrying water buckets, can you see the bullet holes?, it's the short one; got introduced as the SBA rep. for APALSA; Bunny's dimple got poked - not her third dimple; took pictures; avoided taking home the fish head as a leftover.
So How Does This Affect RAP?
As Brian would say, the baby should be thankful that it wasn't born with a third arm.
The Following Song Lyric Is Stuck In My Head
"I’m just a curbside prophet
with my hand in my pocket
and I’m waiting for my rocket to come" - Jason Mraz
Help me.
with my hand in my pocket
and I’m waiting for my rocket to come" - Jason Mraz
Help me.
Tuesday, May 25, 2004
As If Clowns Weren't Scary Enough
From CNN:
Spanky, a clown with the renowned Ringling Brothers and Barnum & Bailey Circus, has been arrested on charges stemming from a child pornography investigation, law enforcement officials said Tuesday.
The picture, the name, do I need to add anything else to this to make it funny?
Tuesday Nights
Are Taco Tuesday Nights at Del Taco. That would be 21 tacos for $7.50. Or 3 for 99 cents.
Billable Hours By Jeremy
I still don't get how I'm supposed to keep track of time in six minute increments.
You're Rubik's Cube!! You may think you're
popular, but you're actually extremely
annoying. Seriously.
What childhood toy from the 80s are you?
brought to you by Quizilla
What?! He Couldn't Wait Two More Years?
Found out this morning that my cousin was arrested for drug possession.
Law School Memory #33: Moot Court Problem
The following statement of the case comes from the program of the 2004 Moot Court Honors Program Banquet:
Hubie Unmber v. The People Of The State Of Westmoreland
Mr. Umber was charged with sexual ofense in the fourth degree for having sexual intercourse with Lydia Haze, his then-girlfriend. The charge was based on a statute that makes it a crime for a person to have sexual intercourse with a 14 or 15 year-old minor when that person is more than four years older than the minor. At the time of the sexual act, Lydia Haze waws nearly sixteen years old. Mr. Umber is just over four years older than Lydia Haze. The case went to trial and the jury convicted Mr. Umber.
The Relationship Between Hubie Umber & Lydia Haze. Hubie Umber met Lydia Haze at a party shortly before Thanksgiving of 2002. They began dating. Lydia's parents became concerned when they learned Lydia was going out with Mr. Umber. He was a junior in college, and they feared that he was too old to be dating their daughter. Lydia's parents argued with Lydia about her seeing Mr. Umber. However, the Hazes never forbade Lydia from seeing him. Eventually, Mrs. Haze thought Lydia had stopped seeing Mr. Umber. But she was wrong. On June 20, 2003, while cleaning Lydia's room, Mrs. Haze found a matchbook from a local motel. Mrs. Haze thought the matchbook was odd because Lydia did not smoke. She confronted Lydia about where she got the matchbook. Lydia became upset and refused to answer any of her mother's questions. A few days later, Mr. and Mrs. Haze took Lydia to the motel. They wanted to speak with the manager to see if Lydia was ever at the motel with Mr. Umber. Mrs. Haze wanted to know if the couple had been having sex. At first glance, Mavis Notelle, the motel's owner and manager, did not recognize Lydia, who had no make-up on. But then Ms. Notelle realized that she had seen Lydia with Mr. Umber on June 7, 2003, when they checked into the motel at night. When Lydia came in with Mr. Umber, she was wearing a short skirt, fishnet stockings, spiked heels, and lots of make-up. They checked into a room, stayed for three hours, and ordered an X-rated movie. After they checked out, Ms. Notelle cleaned the room herself. The bed was turned down but there was nothing else in the room to suggest that the couple had sexual intercourse. Ms. Notelle was shocked to learn from Mrs. Haze that lydia was only fifteen. Ms. Notelle thought for sure she was at least eighteen. After returning home from the motel, Mrs. Haze called the police and told them what she knew, hoping that the police could "talk some sene into" Lydia and then persuade Mr. Umber to stay away from Lydia. When police officers arrived at the Haze home, Lydia, upset by their presence, did not cooperate with them. Sometime later, the police spoke with Mavis Notelle, who told the police what she had told the Hazes. After hearing from Ms. Notelle, the police decided to arrest Mr. Umber.
The Police Interrogation of Mr. Umber. Following Mr. Umber's arrest, officers Baker and Able took him to the police station. Knowing that it was unlikely that Lydia Haze would testify against Mr. Umber, the officers decided to engage in a "two-step", interrogation of Mr. Umber. The officers decided to question Mr. Umber initially without advising him of his Miranda rights (e.g., "You have the right to remain silent; anything you say can and will be used against you in a court of law..."). THe officers hoped that, without being advised of his rights, Mr. Umber would confess to having had sexual intercourse with Lydia. With the unwarned confession in hand, they then would inform Mr. Umber of his Miranda rights, hoping he would waive his rights, agree to answer their questions, and confess once again. The officers' plan succeeded. During the first phase of questioning, Mr. Umber confessed. The officers then gave him a twenty-minute break. After the break, the officers advised him of his Miranda rights, which he waived. In response to more police questioning, he confessed again. Both phases of the questioning were audio-taped.
The Trial. At trial, the People used Mr. Umber's "warned" confession against him. Also, during the trial, Mr. Umber requested that the court let him present a defense that he resonably believed that Lydia Haze was over 16 years old. Mr. Umber contended that Lydia had told him that she was 17 years old and had even showed him a driver's license that indicated as much. The court denied his request, concluding that the sexual offense statute was a strict liability statute that neither required the People to prove that Mr. Umber knew that Lydia was under 16 years old nor allowed Mr. Umber to present a mistake-of-age defense.
The New Trial Motion and the Appeal. After his conviction, Mr. Umber's confession made a motion for a new trial on two grounds. First, he contended that the trial court erroneously allowed his confession to be heard at trial. Second, he asserted that the trial court erroneously denied him the chance to present a mistake-of-age defense. The court denied Mr. Umber's motion for a new trial, and Mr. Umber appealed the case to the Westmoreland Supreme Court.
The Supreme Court of Westmoreland must decide whether admitting Mr. Umber's confession into evidence at his trial violated the Miranda rule and the Fifth Amendment right against compelled self-incrimination. The Court will also decide whether Mr. Umber should have been allowed to present his defense that he reasonably believed that Lydia Haze was over the age of consent.
Mr. Umber was charged with sexual ofense in the fourth degree for having sexual intercourse with Lydia Haze, his then-girlfriend. The charge was based on a statute that makes it a crime for a person to have sexual intercourse with a 14 or 15 year-old minor when that person is more than four years older than the minor. At the time of the sexual act, Lydia Haze waws nearly sixteen years old. Mr. Umber is just over four years older than Lydia Haze. The case went to trial and the jury convicted Mr. Umber.
The Relationship Between Hubie Umber & Lydia Haze. Hubie Umber met Lydia Haze at a party shortly before Thanksgiving of 2002. They began dating. Lydia's parents became concerned when they learned Lydia was going out with Mr. Umber. He was a junior in college, and they feared that he was too old to be dating their daughter. Lydia's parents argued with Lydia about her seeing Mr. Umber. However, the Hazes never forbade Lydia from seeing him. Eventually, Mrs. Haze thought Lydia had stopped seeing Mr. Umber. But she was wrong. On June 20, 2003, while cleaning Lydia's room, Mrs. Haze found a matchbook from a local motel. Mrs. Haze thought the matchbook was odd because Lydia did not smoke. She confronted Lydia about where she got the matchbook. Lydia became upset and refused to answer any of her mother's questions. A few days later, Mr. and Mrs. Haze took Lydia to the motel. They wanted to speak with the manager to see if Lydia was ever at the motel with Mr. Umber. Mrs. Haze wanted to know if the couple had been having sex. At first glance, Mavis Notelle, the motel's owner and manager, did not recognize Lydia, who had no make-up on. But then Ms. Notelle realized that she had seen Lydia with Mr. Umber on June 7, 2003, when they checked into the motel at night. When Lydia came in with Mr. Umber, she was wearing a short skirt, fishnet stockings, spiked heels, and lots of make-up. They checked into a room, stayed for three hours, and ordered an X-rated movie. After they checked out, Ms. Notelle cleaned the room herself. The bed was turned down but there was nothing else in the room to suggest that the couple had sexual intercourse. Ms. Notelle was shocked to learn from Mrs. Haze that lydia was only fifteen. Ms. Notelle thought for sure she was at least eighteen. After returning home from the motel, Mrs. Haze called the police and told them what she knew, hoping that the police could "talk some sene into" Lydia and then persuade Mr. Umber to stay away from Lydia. When police officers arrived at the Haze home, Lydia, upset by their presence, did not cooperate with them. Sometime later, the police spoke with Mavis Notelle, who told the police what she had told the Hazes. After hearing from Ms. Notelle, the police decided to arrest Mr. Umber.
The Police Interrogation of Mr. Umber. Following Mr. Umber's arrest, officers Baker and Able took him to the police station. Knowing that it was unlikely that Lydia Haze would testify against Mr. Umber, the officers decided to engage in a "two-step", interrogation of Mr. Umber. The officers decided to question Mr. Umber initially without advising him of his Miranda rights (e.g., "You have the right to remain silent; anything you say can and will be used against you in a court of law..."). THe officers hoped that, without being advised of his rights, Mr. Umber would confess to having had sexual intercourse with Lydia. With the unwarned confession in hand, they then would inform Mr. Umber of his Miranda rights, hoping he would waive his rights, agree to answer their questions, and confess once again. The officers' plan succeeded. During the first phase of questioning, Mr. Umber confessed. The officers then gave him a twenty-minute break. After the break, the officers advised him of his Miranda rights, which he waived. In response to more police questioning, he confessed again. Both phases of the questioning were audio-taped.
The Trial. At trial, the People used Mr. Umber's "warned" confession against him. Also, during the trial, Mr. Umber requested that the court let him present a defense that he resonably believed that Lydia Haze was over 16 years old. Mr. Umber contended that Lydia had told him that she was 17 years old and had even showed him a driver's license that indicated as much. The court denied his request, concluding that the sexual offense statute was a strict liability statute that neither required the People to prove that Mr. Umber knew that Lydia was under 16 years old nor allowed Mr. Umber to present a mistake-of-age defense.
The New Trial Motion and the Appeal. After his conviction, Mr. Umber's confession made a motion for a new trial on two grounds. First, he contended that the trial court erroneously allowed his confession to be heard at trial. Second, he asserted that the trial court erroneously denied him the chance to present a mistake-of-age defense. The court denied Mr. Umber's motion for a new trial, and Mr. Umber appealed the case to the Westmoreland Supreme Court.
The Supreme Court of Westmoreland must decide whether admitting Mr. Umber's confession into evidence at his trial violated the Miranda rule and the Fifth Amendment right against compelled self-incrimination. The Court will also decide whether Mr. Umber should have been allowed to present his defense that he reasonably believed that Lydia Haze was over the age of consent.
It's A Cabal
Bunny and I got into a discussion about how friendships change after one goes through law school. The shared experience of going through law school seems to create a bond not only between those who went through it together - though I like to think those make for the strongest of these bonds - but also among those who went through it before and at different schools. It also seems to have had the effect of frustrating other potential friendships and possibly established friendships as well. Does law school really change someone that much?
Maybe law school so dominates one's life and is such a unique experience that it doesn't leave much room to have any other ground to share in common with those who haven't gone through it.
Anyway, all I know is that I greatly enjoy my time with those from law school and am just as greatly bored with my time with most everyone else.
Maybe law school so dominates one's life and is such a unique experience that it doesn't leave much room to have any other ground to share in common with those who haven't gone through it.
Anyway, all I know is that I greatly enjoy my time with those from law school and am just as greatly bored with my time with most everyone else.
One Can Hope Right?
With the registration deadline being tomorrow at 6pm, I'll be dropping off my papers and check in-person today. It's given me an opportunity to meet with Brian and Bunny for lunch but still it would be nice if we had this option. We were just given the ability to check our grades online so maybe this will be the next step.
Monday, May 24, 2004
Law School Memory #32: Cases
Prof. Civ Pro would usually call on a pair of students to brief a case for the class with one taking a side and the other taking the other side. He sorta broke format one day. It ended up being extortion by cupcake.
Here's the case:
Here's the case:
Under the Supreme Court's decision in S.G., the claim against the Red Cross in the instant case is properly within the subject matter jurisdiction of the federal courts. Under this condition, the Court must exercise jurisdiction over Roe's case insofar as it attempts to assert a claim against the Red Cross.
Nonetheless, in spite of the fact that the Court properly has subject matter jurisdiction over the claim against the Red Cross, Roe moves the Court to exercise its discretion under the statute governing the removal of cases to the federal courts codified at 28 U.S.C. § 1441 (1991) and remand the entire case, including that portion which relates to the claim against the Red Cross, back to the state court. Subsection (c) of that statute reads:Whenever a separate and independent claim or cause of action within the jurisdiction conferred by section 1331 of this title is joined with one or more otherwise non-removable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates.Roe asserts that this court does not properly have jurisdiction over the non-Red Cross defendants [FN4] and must remand the case back to state court as it relates to them. But, in order to avoid piecemeal litigation, Roe insists that this Court should also transfer the case against the Red Cross as well. [FN5] Thus the Court must determine first whether it can properly assert jurisdiction over the non-Red Cross defendants, and second, even if it can, whether the Court can and should exercise its jurisdiction under the removal statute to remand the case back to the state court in which it was first filed. Roe v. Little Co. of Mary Hosp., 800 F.Supp. 620 (N.D.Ill., 1992).
28 U.S.C. § 1441(c).
Law School Memory #31: First Time Called On In Class
It happened in the first class of Civ Pro, which very well may have been the first class of my law school experience. The professor had just finished showing a clip from a Looney Tunes cartoon that had Bugs Bunny and Yosemite Sam - or was it Elmer Fudd? - in a property disupte. There was a line said by the varmint/wascawwy wabbit about taking his claim to the highest court in the land. The next scene was that of a courthouse sitting atop the peak of a mountain with the sign proclaiming it to be the highest court in the land. The videotape is stopped and the lights turned back on and my name is called. I was asked about why Bugs had said what he had said. The answer sought was that the wabbit would get his justice through the judicial system even if it meant pursuing his claim to the very end of that system. My reply? "Because that's the joke, it's funnier that way."
Afterwards, I thought to myself, being called on in law school isn't as bad as they make it out to be. Wasn't the first or the last time I was wrong.
Afterwards, I thought to myself, being called on in law school isn't as bad as they make it out to be. Wasn't the first or the last time I was wrong.
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