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.

The Damn Joke Is A Book

Someone Is The Clever One

Bunny responds to this, which begs the following question; what's the appropriate remedy considering that I was in total breach?

Today

At the library beginning to paint my masterpieces because law exams are my art. I'm starting with a piece I like to call Property.

Annie's Obsession

Didn't look so good last night.

Quote This

"A freakin' Goonies line got me." - Brian

Yesterday

Last class for Torts and Civ. Pro. II. Prof. Torts was applauded nicely, Prof. Civ. Pro. II was not but that is what happens when one passes out brownies on the last day and the other schedules a two-hour review session at 4-6 on a Friday on top of the regularly scheduled class. Lunch saw Brian fail at two commitments, which is why he doesn't make them. Robert finally boba'd with Annie. I didn't share brownies after Torts. Review session was a waste. Drinks and food were had at a USC hangout. A few of us went to see Man on Fire at The Grove. Stood in line forever. Brian got to touch the screen for food. There was as many commercials as previews. Movie that started at 10:30 actually started just past 11:00. Made it back home by 2:20.

Quote This

"If I close my eyes that sounds kinda hot." - Wayne

Penis Explodes, Not In The Good Way

From Ananova:

Doctors in Romania are treating a 28-year-old whose penis exploded while he was making love to his girlfriend.

Ilarie Coroiu was taken to hospital in the Transylvanian town of Cluj after his girlfriend, Magdalena, 18, "felt something strange" and noticed that the bed was covered in blood.

Dr Angela Domocos, head of the accident and emergency department at Cluj General Hospital, said: "It is very rare for this to happen. We call it an exploded penis because it happens when the blood cavities in the penis burst.

"I don't know what this couple were playing at, but there must have been tremendous pressure inside the penis to make this happen."

Maybe I shouldn't be closing my eyes around Brian and Arpineh anymore.

Shall I Nominate Prof. Civ. Pro. II?

Nominations are now being accepted for the Law Prof 100, LawTV's ranking of America's most influential law professors [I wonder how many from my school will be honored just to be nominated].

This influence can be, for instance, through academic writings, popular writings, litigation, media appearances, business activities, teaching, lecturing, charitable work, or scholarly impact [well if this is what they call influence...].

You may nominate up to 10 law professors -- including no more than five from your own law school [can I come up with even one?] and no more than five from other law schools.

Only law students [that would be me] (full-time or part-time), law professors (including adjunct professors), and law school administrators are eligible to nominate. Your law school must be located in the United States and may be ABA-accredited or non-ABA-accredited [a standard Southwestern might actually meet].

After nominations are completed, an announcement will be made on LawSchool.com of the top 250 nominated professors.

Then, voting for the Law Prof 100 will begin [I wonder how many from my school will make the final list].

So I Guess Skipping The Dissent Isn't Such A Good Thing?

Ernie advises law students to read the dissenting opinion to a case before reading the majority opinion.

I've heard this advice before -- the primary justification is that it can key you in to the points of contention in a case, and you don't have to deal with the fluff.

[I]t's certainly true that sometimes reading the dissent first can save you time.

Make ShitBegone Your Brand

ShitBegone Value rolls, although they say "pillow soft," don't feel soft in your hand. The paper inside is soft, but the roll is not. The reason is this: Marvin Ferris, the supplier for this paper, is an old-timer. He's about 85 years old, and he has a problem with what other companies do to make their rolls feel "soft". It's called embossing— basically, crushing the paper between textured steel rollers, to make little bumps on it. That way, when the paper is rolled up, the layers don't lie flat. And so the rolls feel soft, because there's air in them.

In some brands, the rolls are 60 or 70% air. All that air uses extra space and fuel during handling. But embossing doesn't make the actual paper soft— in fact, it can make it scratchier. Hence Marvin's position: he's in business to sell toilet paper, not air. He refuses to emboss, and so his rolls are rock-hard. It's a tough sell these days— when young people are used to squeezing the Charmin. But the paper works well, and it's honest. For ShitBegone Value, that seems to make sense.

It's not quite Vapoorize but it'll do.

Today

It started with a quick look over the Property practice exam with Annie, Brian, and Bunny. Then there was a three hour Property session. Found out that Annie was on top of the Unclean Hands Doctrine and that we came up with a subtle argument, good for us. Lunch at Koo Koo Roo with Arpineh, Brian, Bunny, Rita, Stummy and Trini. Hot Mooter made an appearance, I restrained myself, you can thank me later Stummy. Read the bricks. Sean went on a fantastic rant against kissing ass for a career. An hour of Crim. Pro. Wet USC car. Workout at the gym. That was it and that was all.

I Probably Should've Waited Longer Before Entering Law School

It took everyone at the Syracuse University law school a little while to get used to the idea of an 81-year-old first-year student.

A Non-Market Particiapant, A Jawa, Or A Butterfly?

I think I fall into the second class.

This Is Something To Look Forward To

Billable hours.

When I summered at BIGLAW and was getting used to it for the first time it made me so anxious.... You fumble around on a project feeling like a complete idiot, with time ticking away, and at the end of two and a half hours you've been down half a dozen blind alleys and have half a paragraph of tepid conclusions and realize you don't really understand what you're supposed to be doing anyway. Do you bill that 2.5 hours? On the one hand, great, 2.5 hours, that's a nice big chunk of billable time -- great! I hope this will take me a lot longer to finish up. On the other hand, you realize, someone's going to look at this piece of paper and think, "We've hired us a complete idiot! It took her 2.5 hours to do this simple project, and she's still not finished." Maybe you should only write down 1 hour. But where are you going to get the other 1.5 hours? Stay later? What if while you're trying to catch up you're only slightly less clueless?

Looks Like I'm Out $10

But I gotta give credit where credit is due. No, not to Brian but to the Rockies for beating SI's #1 ranked team in MLB.

By the way, the Dodgers would have come from behind to win if they had played a full nine - not that I'm making excuses.

Unappreciative Sumofabitches

I just realized that we didn't give our Property professor applause after she finished up the last class of the year. It was the end of a three hour double session that had left everyone drained and she isn't the most liked professor. But isn't that just wrong? And should applause be reserved for genuine gratitude or given everytime out of courtesy?

Today At The Gym

Miss U OF A - or Miss University Of Fine Ass as I like to think - was there. It made for much better scenery than yesterday - sorry Brian but you're cute too so don't worry about it. Bunny and Annie joined the Wednesday regulars, which made for more hanging out than working out which was more than ok by me. Afterwards, we threw it all away on a single fry, as Trini put it, at Tommy's. The ride back to school saw Annie showing off her vast knowledge about Cholo's - having dated one - and her limited knowledge about this song.

For Brian

Sorry I didn't get to this yesterday.

By Popular Demand

My Match.com profile. If that link doesn't work go here and search for username "UnlearnedHand".

Any suggestions for improvement are welcomed.

UPDATE: Rereading what I put on there is painful so flood with me suggestions please.

Summer Session 2004

Your Registration Priority Number is 114.

That would be about half of the 1Ls. They say you get one good priority number, one bad priority number and one priority number that falls somewhere in between. So I'm guessing that would be my somewhere in between number? Does that sound right?

What's With Me And Elevators?

So it's after Property and Sean, Jeff, Sally, Yanna, Brian, Bunny, and I piled into the elevator -after some talk about the origin of stroganoff, looks like I was right - and rode it up to the sixth floor to get down to the first floor. As we stopped at the sixth I saw my Fan Club and tried to hide behind this really huge guy to no avail. Also to make into the elevator were Liz and Aylin. So Caroline saw me and the following conversation - to the best of my recollection - ensued:

Caroline (to me and everyone else in the elevator): Hey Wayne, I slapped Liz's ass for you.
Liz: It was different from what Wayne did though.
Brian: Was it different in a good way or a bad way?
Liz: Well there was more of a pause and a pinch when she did it.
Brian: Make a note of that for next time Wayne.
Liz: But no one could slap it harder than Wayne.

Amid all of that, Yanna mentioned she felt left out and Sally kept saying words of disbelief. As Bunny remarked, I've made a name for myself.

Quote This

"It's because they wear those hats." - Bunny

News Sure To Make Stummy Happy

As Kylie and Beyonce prepare to plight their troths, we over eagerly shake Angelina Jolie's hand for bringing a ray of sunshine to La-La land.

The perfect lady specimen has pledged to keep stripping until she reaches the age of 40.

Gucci Your iPod

If you have one that is.

Quote This

"I was sensing that you were boba'ing." - Robert

Today

The first year of law school seems to be dragging to an uneventful end. Everyone seems to have had enough and would rather just get it over with and move on. Today was just another dull day as we get closer to that.

Even though I had written a note in Civ. Pro. II requesting not to be called on in class, I was called on in class. Instead of pointing out that I left a yellow-star-shaped-post-it-note on his desk, I decided to just go ahead and answer his questions. No point in having Jen, to my left, nor Rita, to my right, taking the questions instead or having the professor going around asking who didn't leave a note on his desk - many people left a note requesting not to be called on today. I answered partly wrong, partly right. I was just happy he didn't call on me while I was snapping my head back to keep from falling asleep.

For lunch, I sat outside with Benilda, Brian, Macy, and Trini. Notably absent was Feng Shui Lady. I forced down half of a chicken chipotle wrap and a few dried cranberries, embarrassed Brian by staring at a girl for him, embarrassed Macy by naming Hot Mooter in Hot Mooter's presence, and said something inappropriate about the graduating 3Ls in Brian's name. Lunch was fun.

Torts was Torts. I think Prof. Torts is done with me after another poor performance in her class - before that class, I also had thought I was done for the semester. The only class I'm worried about being called in is Property.

No Ms. U of A in the gym and although Slutty Asian Chick came in the scenery was lacking. It was a quick workout for me. Five more days left.

Does Brian Know About This?

Does anyone really care?

Quote This

"Why couldn't Rose have dated Barry Zito?" - Annie

Third Tier Conversation

Bunny: Did you see Yao Ming mad the other night? Do you think he was arguing in Chinese or English?
Brian: It was probably Chinglish.

Quote This

"If they didn't have a pimp, they'd be rich as hell." - Annie

I Hope To Run Into These Two This Summer

Two mystery men dressed as Batman and Robin have been fighting crime and saving damsels in distress in a small English town.

The pair have been spotted springing into action a number of times in recent weeks on the streets of Whitley, near Reading.

The Reading Evening Post asked readers for news of the duo after they dealt with a pair of streakers at a local football cup final.

And the newspaper was besieged with calls from residents who claimed to have seen the 'superheroes' in action.
Ray Cox, 61, spotted the caped crusaders at about 11.30am after doing his morning shopping.

"I said to my wife, it would make it a better and safer place with these men," he said. "Batman was quite a broad chap. They would scare a few muggers off and I'd feel safer in Whitley."

I'm Going To Fail

Flipping between the Dodger game and the Mavs - Kings game and waiting for the T'Wolves - Nuggets game. Still have to read for the week and still have to outline for all of my classes. But that's what right before class and dead week are for right? Right?

Remember To Duck Under A Table Or Stand In A Doorway

Russian-born University of California at Los Angeles (UCLA) professor Vladimir Keilis-Borok says he can foresee major quakes by tracking minor temblors and historical patterns in seismic hotspots that could indicate more violent shaking is on the way.

And he has made a chilling prediction that a quake measuring at least 6.4 magnitude on the Richter scale will hit a 31,200-square-kilometre area of southern California by September 5.

The team at UCLA's Institute of Geophysics and Planetary Physics accurately predicted a 6.5-magnitude quake in central California last December as well as an 8.1-magnitude temblor that struck the Japanese island of Hokkaido in September.

What kind of prediction is this? Should everyone in the area just up and leave for four and a half months until after September 5?

How Did I Miss Out On This?

Today, humanity stands on the brink. Iraq, Afghanistan, Israel, Kashmir, Rwanda, Haiti, Chechnya, Madrid... across the world, violence and horror overwhelm any progress towards peace and liberty. We are a divided species, basing our hatreds on even the most arbitrary classifications, unable to move past our quarrels to embrace common humanity. Since difference is all we can see, suffering is all we can expect.

That's why you should go poop right now.

Because today, April 16, is Poop For Peace Day.

Poop For Peace Day is not about protest or partisanship or politics. Poop For Peace Day is about acknowledging the fundamental basis of shared humanity: black or white, liberal or conservative, Christian or Muslim or Jew, we are all united in struggle against the tyranny of the bowel.

So drink some coffee to get things moving and head off to the bathroom. As you grunt out your morning constitutional, think of the billions of people all across the world who are undergoing the exact same struggle. Think of the children of Iraq and the children of America. Think of Bush and Kerry and Hussein and bin Laden, and think about the fact the twelve hours following Taco Bell are going to unfold for each of them in the exact same way. Think about how our differences are irrelevant -- we're all human beings. Our poop proves it.

Empathy through excrement. Brotherhood through bowel movement. Utopia through undulating butt pythons. Today, April 16, 2004, war is over -- if you grunt it.

I guess if you're going to do it you may as well do it for a good cause.

Comments

I was checking them and saw that Brian went on a bit of a commenting binge last night, commenting six times in a ten minute period. Bored Brian?

The Lakers Should Be Playing Memphis

In this post, Professor Stuart Benjamin of Duke, proposes that the NBA should allow the higher seeds to select from the lower seeds their opponent in the next round of playoffs. Kind of like a NBA draft - without the element of luck - selection of playoff opponent. First, he argues that it would truly reward the teams with the better records. I agree, after last night's game against Houston, wouldn't you think the Lakers would have rather gone up against either Memphis or even perhaps Dallas - this is assuming that Minnesota would have likely picked the weakest of the playoff teams, the Denver Nuggets - where Shaq could more easily dominate helping the Lakers' goal of moving on to the second round? That leads to Prof. Bejamin's second argument that it would likely lead to better matchups with the better teams meeting deeper into the playoffs. Of course, this assumes that the higher seeded teams do in fact choose teams in the early rounds that they will defeat, which is not a given. Finally, he argues that it would create greater fan interest.

Fans of the choosing teams can debate who their team should opt to play in a given round of the playoffs. And it would create a new element for the chosen teams and their fans. If the 1st seed decided to play the 7th seed rather than the 8th, the 7th could use the choice as a motivating tool (“They chose to play us because they thought we were weak. Let’s show them.”) and the 8th seed could boast that the best team was afraid to play them. And if the 8th seed met the 1st seed later in the playoffs, the story line would be irresistible (“The 1st seed must now play the team it sought to avoid.”)

That itself would make the change worthwhile. Thoughts anyone?

Yesterday

Wanted to outline both Torts and Civ. Pro. but I didn't get passed half of discovery before calling it a day. Tried to watch the Laker game but ended up taking a nap during all of the second quarter and fell asleep before the start of the second half. It all leads me to ask myself, if I didn't do much yesterday, why was I so tired that I went to bed at around 9? With all of the studying I have left to do for exams, I have to prepare myself for nights like this and this - with less humor of course. (stole the links from here)

If You Can Picture It, It's Funny

Quote This

"Don't tell Ellisen that story." - Brian

At Least The GOP Is Smarter Than Kwame

Yep, Washington Whispers columnist Paul Bedard of U.S. News & World Report says that before Omarosa's TV debut in January, she was in real estate. After showing Bush-Cheney campaign chairman (and former Montana governor) Marc Racicot apartments last year, Ms. I Know An Opportunity sent him her résumé. "Gov. Racicot met her and was very impressed with her, so he forwarded her bio to a few of us," a campaign staffer told Bedard. But once she 'fessed up to working in the Clinton administration, her opportunity for interviews fell on its face.

"We will not be uttering the words 'You're hired!' " quipped campaign spokesman Terry Holt. So what'd they do with her résumé? One idea, a Bushie told Bedard, was to pass it along to their rivals on John Kerry's campaign staff.

This Could Have Been Brian's Life

If he had stayed home and went to CU for law school.

Brian Would Have Been Very Happy In Either Montana Or Maine

The 2004 Whitest Law School Report

Prologue:
I grew up in Texas during Jim Crow. During that time going on long distance road trips had a distinct flavor for Blacks and I remember it vividly - the packing enough food for the entire trip (no restaurants), the using the bathroom on the side of the road (no gas station bathrooms), the sleeping in the car on the side of the road (no motels). But my most vivid memory of my road trips in Texas was the sign I read every time we went through Greenville, Texas -
The Blackest Land,
The Whitest People
In many ways institutional discrimination in law schools is really about maintaining the legal profession as "The Whitest Profession".

Professor Vernellia Randall

Southwestern is #168 on this list, which I suppose is a good list to be low on unless you're Brian.

I'm Living This

As I'm sure many of us are.

Quote This

"She was like on crack and annoying." - Brian

Mr. Yuk Is Mean, Mr. Yuk Is Green

Here's the Mr. Yuk discussed in class - I believe Prof. Torts called it "Mr. Yucky" but I'm thinking she was wrong. There's even a song.

Just To Make Annie Mad

I'm considering doing this.

For All Those Without A Study Plan

Do what I'm doing and steal borrow Jeremy's. For those of us at Southwestern, since we have only nineteen days until exams and not the twenty-eight that Jeremy has, I suggest you modify his plan by skipping every third day, which would leave you with this:

Day 1: Organize notes. Make sure I'm not missing any. Look under my bed if any are missing. Shake hard drive. Check garbage pail. Ask friends for copies of theirs. Try not to lose them too.
Day 2: Get some outlines off the Internet. Feel productive while downloading lots of stuff I'm never going to read.
Day 4: Go to bookstore. Look at study guides. Memorize without buying. Go back five minutes later, ashamed of myself, and buy study guides. Feel bad for the rest of the day.
Day 5: Pick a treatise, get it from the library, and pretend to read it cover to cover.
Day 7: Condense notes into an outline. Get tired on page 3. Use outline I downloaded instead. Feel productive while going through downloaded outline line by line correcting typos.
Day 8: Catch up on reading for semester.
Day 10: Go to professor's office hours hoping to extract clue about exam questions. Fail miserably, but feel productive for having tried.
Day 11: Restaple stuff.
Day 13: Do a practice exam. Convince myself that if I had a model answer to look at, mine would be just as good.
Day 14: Try the outline thing again. This time get to page 8. Decide you really want to have a small outline. 50 words or less. Feel productive for making a completely useless 50-word outline.
Day 16: Wake up refreshed after a day off. Realize how good that felt. Take another day off.
Day 17: Two practice exams. Compare answers with the dumbest friend I can find. Feel satisfied I'm not as dumb as he is.
Day 19: Read the outlines I downloaded, and the commercial study guides I shamefully purchased. Convince myself I know this stuff.
Day 20: Re-read the outlines. Realize nothing stuck. Bang head against wall.
Day 22: Practice exam and interminable session with smart friends where we go over answers. Feel satisfied I'll have a happier life than they will.
Day 23: Lots of sleep. For no particular reason.
Day 25: Final attempt to make useful outline. Sort of helps. Feel productive.
Day 26: Last practice exam.
Day 28: Take exam. Cry myself to sleep.

Have fun studying everyone.

Quote This

"That's why you can't microwave ants." - Annie

And Quite Possibly The Only Good Thing About Having Two More Years Left

Here's a bit of good news for 1L's - sucks to be a 3L right now though:

In the last few years, the number of offers for associate positions dropped nationwide, while acceptance rates increased. Permanent offers for the 4,233 students participating in summer associate programs in 2002 was about 81 percent, a decline from 84 percent in 2001. In comparison, the associate offer rate was about 90 percent in 2000 and the late 1990s, according to a National Association for Law Placement (NALP) survey.

The survey found the acceptance rates for those positions increased from about 66 percent in 2000 to 78 percent in 2002, the most recent year for which the group has statistics for associate offers.

Increasingly, 2004 grads have been forced to consider posts that for many would not have been on the radar screen in the past: judicial clerkships, jobs in government, nonprofits and small firms.

For students entering law school this fall or for those with one or two years left before graduation, the outlook is better.

But better isn't necessarily good so keep those fingers crossed.

A Pedometer?

First they phase out supersize and now this:

Coming soon to a McDonald’s near you: flab-fighting Adult Happy Meals, featuring salad, bottled water, a pedometer and a little advice to walk more.

I'm sticking with the kid's happy meal.

While We Wait Til May To Recieve All Of Our Registration Material

Others are already picking or have picked their courses for next fall.

Maybe Southwestern is looking out for their students' best interests by doing us all a favor by allowing us to focus on exams rather than having to also deal with selecting classes for next fall. It's just a theory.

Who Is New York Times At Home With In Their Home & Garden Section?

Jenna Jameson. Porn is good business. It's a nice home.

Four Weeks From Tomorrow, But Not Now

I've been feeling a bit under the weather the past couple of days. Hopefully, it passes quickly.

Third-Tier Conversation

Brian: You should be thankful you weren't born with four arms.
Bunny: I'm just thankful I wasn't born retarded.

This Might Be Helpful

BLSA is having their 3rd Annual Spring Exam Workshop this weekend. Tomorrow, from 12:30 pm to 1:30 pm in room W611, Prof. Crim. Pro. is going over the material. At 1:45 pm - 2:45 pm, in the same room, Prof. Civ. Pro. I is going over Civ. Pro.II. There are printed materials to pick up at the printshop. So I'm guessing that they'll be going over one or two past exams. It's $5 per review session, $12 for a group of three.

UPDATE: An email from Prof. Crim. Pro.

As you may have heard through the grapevine, I am giving a review
session this weekend to BALSA for crim pro. I wanted to let the class
know that I will be giving the same review to our class on Monday April
26. Therefore, it is not necessary for you to come to the BALSA
session, if you were thinking of doing so.

Brian Was Wrong

The 100 Greatest Movie Characters Of All-Time

According to Premier, here's the top 20:

1. Vito Corleone of The Godfather
2. Fred C. Dobbs of The Treasure of the Sierra Madre
3. Scarlett O'Hara of Gone With the Wind
4. Norman Bates of Psycho
5. James Bond of Dr. No
6. Annie Hall of Annie Hall
7. Indiana Jones of Raiders of the Lost Ark
8. Ellen Ripley of Alien
9. Jeff Spicoli of Fast Times at Ridgemont High
10. Gollum of Lord of the Rings
11. Margo Channing of All About Eve
12. Charles Foster Kane of Citizen Kane
13. Atticus Finch of To Kill a Mockingbird
14. Randle McMurphy of One Flew Over the Cuckoo's Nest
15. Hannibal Lecter of The Silence of the Lambs
16. Robin Hood of The Adventures of Robin Hood
17. Dorothy Gale of The Wizard of Oz
18. Carl Spackler of Caddyshack
19. Rick Blaine of Casablanca
20. Virgil Tibbs of In the Heat of the Night

Not That Any Of This Matters

Due to technical difficulties I have been unable to post as frequently as I'd like from home for the past couple of days now.

Third-Tier Conversation

Bunny: Isn't herpes short for something?
Annie: Genital herpes?

Quote This

"We should be third-tier in that." - Brian (an asian expressing his caucasian fetish after reading about Southwestern's ranking in the top 20% in student body diversity among law schools)

I Like The New Miss USA Already

Even though she wasn't the hottest one competing last night.

Well this isn't something you see everyday. Shandi Finnessey, crowned Miss USA last night, told Reuters she would use her position to help explain America's involvement in Iraq. "What needed to be done had to be done," she said. The Associated Press chose not to report Shandi's plans with her position and nearly every other media outlet is ignoring it.

And There Was Much Rejoicing By Brian

When SportsCenter Was Really Good

Brian made a reference to ESPN to support the argument that certain sportscasters do provide a unique service and it reminded me of this article on SportsCenter.

I Can Only Hope To Be This Calm Come Next Week

Question Of The Moment

Will Brian remain a supporter of Pres. Bush after hearing of this?

Go Thank The Inventor Of Willful Deafness

But why keep up the appearance of paying attention? Stick out that lower lip for everyone to see I say.

What To Do During Dead Week And In Between Finals

I'm willing to help out the females - the cute ones and hotter only - on this.

Quote This

"There's an Italian, which is still white." - Brian

Who Got To Brief The First Case For The Class After Spring Break?

Yours truly. Bunny tried to help me out, whispering to me that I was wrong and even turning the page in my casebook for me. It didn't help me out much though because I like to listen intently to what the professor is saying out of fear that I would miss something important in a question of his. Nevertheless, the help was much appreciated. Arpineh, Bill, and Ryan said I did a good job. I thought I did an ok job. Brian and Annie said he stayed on me for quite awhile but we only had one case to read for the class so it wasn't surprising.

The case was about a personal service contract and whether a court should order specific performance as a remedy. One of the questions it turns on is whether or not the employee provides a unique service. At one point, trying to get at whether sports broadcasting by the defendant was a unique service - Prof. Contracts asked me why ABC couldn't just hire him to do the job. Now for those who know me, that's a loaded question. So as I babbled on in response, I kept thinking to myself, "Must restrain myself." I ended up saying in my babble that ABC wouldn't hire him because he has displayed in the past that he didn't know anything about sports - a good show of restraint on my part. Thankfully, Prof. Contracts can take a joke, even a bad one, and a polite audience gave me a few laughs.

After class, Brian observed that Prof. Contracts has a good memory. If I had remembered that incident, I would have come to class better prepared.

Quick Thought

Working out at the school gym is becoming a favorite part of my school day.

I Love Law School

First day back and people kept asking me if I enjoyed my Spring Break. To which I ask, Spring Break is a "break"?

Macy's 2004 Spring Break

Her trip to NY in many, many, many words and what stood out most was the yummy good meats part. She had lots at 4am.

Yes, dirty mind here.

The Only Way To Take The MPRE

Don't take prep courses for it and take it during your second year.

UPDATE: Guess I can't do this at my school. Legal Profession is a required course.

Say It Ain't So

Victoria's Secret is dropping its nationally televised fashion show this year, at least partly because of criticism following Janet Jackson's breast-baring faux pas at the Super Bowl.

Get Me A Pair Of These

And I promise to wear them every Friday.

Command A Chicken

What Should One Do?

I was IMed the following

hypothetical question: say you had one lower level ticket to the third round of the Lakers playoff game. 1) would you go by yourself 2) try and sell it knowing that it is a solo ticket or 3) get your money back b/c you dont want to go alone and you dont want to hassle with selling one ticket

For clarification, that would have been the Western Conference Finals and either a game 6 or game 7.

Good Christians These Ladies

From Ananova:

Prostitutes in a Romanian town have suspended their services for Lent.

The working girls in Botasani say they want to be good Christians and go to church for Easter.

The women say they will gather in groups and go to the priests to confess their sins and ask for forgiveness.

Now that's a confession booth I want in on. Of course, devotion to religion is only one factor that plays into it.

One of the girls, Luminita, told Ziarul daily: "Clients are very few these days because many of them are fasting or others keep their money for the Easter preparations. So we thought we shouldn't work this week either."

Why work if there is no work? These working girls are smart. For further proof, just look at the way they plan to enforce their sacrifice as a group.

The girls are threatening to use their influence with important clients, like prosecutors or policemen, to have any prostitutes who continue to work fined.

My Next Excuse For Not Getting The Reading Assignment Done

Was at Border's at the Northridge Fashion Center - that would be the Northridge Mall to us locals - and they had signs at every table in their cafe section stating that studying was limited to only one hour and no studying was allowed on Friday, Saturday, and Sunday.

An Email From The Crim Pro Tutor

Hi everybody:
I hope you have all enjoyed your break; we're finally in the home
stretch and finals are around the corner. Hopefully all of you have
substantially completed all of your outlines by now. So start
memorizing those outlines by reading them over and over and/or breaking
up the outline by putting individual topics on note cards;Its also time
to start analyzing all of the old exams that you could and work out all
the hypos in the book, CALI disks, etc.
Further, there is not much left to review for crim pro so I am going to
consolidate the last two tutorials into 1 tutorial. Consequently, I am
cancelling the tutorial that would have taken place this Wednesday the
14th. Thus, the last tutorial will be on Monday April 26th as
scheduled. We will review the remainder of the material and go over
test taking techniques.
See you all there!!
Enjoy the fact that you are almost finished with your 1st
year!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!GREAT JOB EVERYONE-YOU'VE
ALMOST MADE IT!!!!

I'm Such A Nerd

I counted 14 cars in parking lot. Take into consideration the library staff, the security staff, and the guy working at the gym - people who have to be here - and you get some idea of how big of a nerd I am.

Filipinos Are Crazy

I can say that because my parents are Filipino. And because they are crazy - Filipinos that is... and the parents too.

With macabre scenes of self-flagellation and live crucifixion, a normally quiet Philippines village Friday witnessed a bloody spectacle as it staged its own ``Passion of the Christ''.

The annual Good Friday ritual at Cutud, 70 kilometres (43 miles) north of Manila, attracts thousands of tourists and Filipinos for what is seen as the ultimate atonement for Easter - despite criticism from the Catholic Church.

This year, the ritual was played out as it has been for decades with young men whipping their bloodied backs as 13 others were crucified on a hill under early afternoon heat.
On the hill where those preparing to be crucified were gathered, Romelito Vergara, 38, a street vendor from the nearby province of Pampanga, said he was hoping to repeat an earlier ceremony which cured him of polio.

``By the time I was 20 I could not walk,``he said. ``I prayed to God to help me walk again. I was crucified for the first time when I was 27 and now I am walking again.''

Nearby, carpenter Arnel Sangalong, 41, who was being crucified for the ninth time, stretched his arms out along a wooden cross, his face grimacing as the five-inch stainless steel nails were driven into his hands.

As the cross was fitted into place, nails were driven in to his feet.

Each crucifixion lasts an agonising handful of minutes, but for those like Sangalong and Vergara it is worth it to fulfill their pledge to God.

At least Filipinos don't crucify the Easter Bunny.

I Must Be Doing A Lot More Procrastinating Than I Thought

So I picked up the latest issue of the National Jurist and found out that conventional wisdom has the first-year law student studying three hours outside of class for every hour spent in the class room. The article also parcels out time for sleep, commuting, etc. Taking their numbers and just adjusting the hours spent in class, here's what a normal week for a Southwestern law student should be:

Hours in class: 14
Hours studying outside of class: 42
Time commuting: 10
Sleep: (6 hours per night): 42
Eating, washing, and other personal niceties and necesities: 10
Total: 118
Hours in a week: 166

That would leave the average law student at Southwestern with 48 hours - a whole weekend - of free time - where does it all go?

This Law School Thing Really Never Ends

What have we gotten ourselves into?

Wasting Time

I am like Tammy. -- "Trump is going to pick me because I'm the smartest, the brightest

and the best looking."

Tammy was the 7th person fired, in her first visit to the boardroom.

Which Apprentice are You?


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It's Not Just Me

I'm not the only one who likes to ditch extended makeup classes. Of course, I've now used up all of my absences for Civ. Pro. or even possibly went over - if I miscalculated. So now I've got to attend the rest of the classes and come up with a really good excuse or two just in case.

Happy Easter Everyone

The above link may be the same that Brian tried emailing me earlier in the week but since that site won't load I'll never know.

Princeton Undergrad Tries To Be More Like Southwestern School Of Law

From CNN:

Faculty members and school officials are reviewing proposed changes to the university's grading system that would limit the number of A's that professors could award. The goal of the proposal made public this week is to lower the number of A's from the current 46 percent to 35 percent for undergraduate courses.

In her memo, Malkiel said that 65 percent of the graduating seniors in Princeton's class of 2002 had grade-point averages of B-plus or better, and fewer than 5 percent fell below B-minus. A student with a straight C average, she said, stood second to last. [my italics]

I know, it's undergrad but any mention of GPAs always gets me to thinking about our school's 2.3 GPA.

Spring Break Day 5

Today finds me back in the library. I'm going try to understand the F.R.C.P. today using Friedenthal's hornbook of which all of the most recent editions, four of them, are only available as reserves. That means I have to recheck out the book every two hours. With four copies you would think they'd put at least one in the main stacks but with my luck it would probably be checked out. So why am I complaining again? Nevermind me and if you can't, please excuse it to upcoming final exams stress.

2004 Spring Exam Schedule

So Steve asks about my exam schedule, here it is to the best of my memory (by the way, someone remind me to check and make sure I have this right):

Criminal Procedure - May 5
Property - May 7
Civil Procedure - May 10
Torts - May 12
Contracts - May 14

That's with a reading period running from April 28 - May 4.

Why Doesn't Our APALSA Have a Political Chair?

A Remake Of The Exorcist Just For Bunny

A Comic Strip Just For Annie

Why Not Us As Well?

They get several days between exams.

Quote This

"Annie's middle name is Love." - Sean

Spring Break Day 4

Trying to be productive at home again. Working on outlining Contracts. All I'm doing for that class is using a commercial outline and Prof. Contract's PowerPoint presentations.

Googlism

Googlism was created as a fun tool to see what Google "thinks" of certain topics and people. Of course, the results are not really Google's opinion, they're yours, the web site owners of the world. Within the Google results are thousands of your thoughts and opinions about thousands of different topics, people, names, things and places, we simply search Google and let you know what website owners think about the name or topic you suggested.

Here's the first ten in my list:

wayne is a true hoe
wayne is seventh on hitler's list
wayne is my future baby daddy
wayne is metropolitan detroit's oldest and largest
wayne is mclintock
wayne is the shiznit
wayne is critical to packers'
wayne is named robert a
wayne is principal for
wayne is in the house

Here's Benilda's:

benilda is speechless when she sees the proofs
benilda is hopeful to find out which of the banks she has listed has the safety deposit box
benilda is a graduate of dental medicine from manila central university in 1986
benilda is the coordinator of the hospital mentors for foreign
benilda is receiving a full principal's salary from region ix for this year
benilda is a simple and nice lady

A sample of Brian's:

brian is an arsonist
brian is an idiot
brian is interested
brian is north central florida's only honky tonk country
brian is a sex god
brian is famous
brian is a pimp
brian is a little goofy
brian is appearing in an independent film called dreamers and i
brian is a slim medium color tattooed young male model

Annie's:

annie is the muffin girl
annie is open and ready increased sex drive
annie is here
annie is only 16
annie is a year old sheltie
annie is open and ready hot
annie is a sexy beast
annie is hanging out at the neighborhood ice cream parlor
annie is a wanderer
annie is flattered by the attention

Macy's:

macy is vicinity map
macy is headed for the top
macy is acting weird
macy is a friend
macy is precisely the kind of artist the industry needs right now
macy is doing jurassic park 3 if you haven't heard yet
macy is drinking again and thorne is leaving her
macy is always a
macy is hollywood's go
macy is so big

Sean's:

sean is dead' rumour
sean is/is not
sean is a tourist
sean is back
sean is wonderful
sean is a total wanker
sean is mine
sean is using his british
sean is teaching class tonight?
sean is a wonderful little boy

Rita's:

rita is a retired brood mare horse resident at the dream
rita is sonic generator
rita is very raw
rita is a comedy play written by willy russell
rita is a social reject
rita is a lolita
rita is a vivacious and outgoing indonesian lady from jakarta
rita is a widow from indonesia
rita is a 29 year old retired brood mare
rita is big challenge for stagegraft
rita is waiting for her ride