Tuesday, May 04, 2004
Last Night
Proved that we have the humor of 7 year olds and that anyone who enters an elevator with us is very unfortunate indeed.
In The Minority
Apparently, I was one of the very few who had a nightcap the night before an exam last semester. It's one thing I'll be doing the same as last semester. JD anyone?
Crim Pro Exam
I'm fairly confident I know enough to get a C+ on the exam and anything above that would be icing on the cake. With about five more hours of studying left, I might be able to push it to a B. Off to Starbucks to try their Java Chip and get started on those five hours.
Typing, Not Writing
As far as I can tell, I've got the laptop fiasco under control. Thanks for the loaner Annie. Now I gotta get me some floppies.
Sunday, May 02, 2004
What To Do?!
Study for final exams or watch what many are calling the real NBA Finals? If only I were prepared for finals already - or better yet a Denver Nuggets fan - and I wouldn't be faced with this dilemma.
Saturday, May 01, 2004
It Would Only Be The Fair Thing To Do
ABC-TV journalist Ted Koppel, who caused a firestorm of controversy with his plan to read the names of U.S. troops killed in Iraq, today announced that in the interest of balance and fairness next week he will read another list on his show, Nightline.
"I would never want anyone to accuse me of bias. After all, I'm a journalist, devoted to accurately portraying world events," said Mr. Koppel. "So, next week I will read the list of Iraqis who were raped, tortured and killed by Saddam Hussein's regime after President George H.W. Bush declared victory in the Gulf War on February 28, 1991."
Mr. Koppel said next week's Nightline will be a "special extended episode starting Friday and running non-stop until the day I retire from ABC." (taken from here)
Study For Finals Or Play Pacman[hattan]?
I don't know which I'd rather be doing right now.
A player dressed as Pac-man will run around the Washington square park area of Manhattan while attempting to collect all of the virtual "dots" that run the length of the streets. Four players dressed as the ghosts Inky, Blinky, Pinky and Clyde will attempt to catch Pac-man before all of the dots are collected. Using Global Positioning, WIFI internet connections, cell phones and custom software designed by the Pac-Manhattan team, Pac-man and the ghosts will be tracked from a central location and their progress will be broadcast over the internet for viewers from around the world. (Link taken from here)Photos here.
Let The Self Hate Begin
I'll be at the library cursing at myself for not studying for finals earlier. It's an effective study technique for me. Wish me the best.
Friday, April 30, 2004
Law School Memory #26: Turtle Dance
When at Tommy's, Annie did a dance after being reminded that Sean's middle name was Paul. I think it was Trini that relayed this information back to Sean who has since demanded to no avail that she perfrom her dance of mockery for him. Well the other night after dinner at CPK on 7th and Fig., Sean said he would mock Annie with a Turtle Dance if she didn't do the dance for him. It led me to suggest that they battle right there on the 7th level of the parking structure to 7th and Fig. In a futile effort to get Annie to go first, Sean went first. What followed had to be one of the greatest acts of physical comedy that words can do no justice so I won't even attempt to describe it. The fact that it was completely unscripted and spontaneous also made it an act of pure genius. It's one of those things I won't ever have to come back here to be reminded.
And yes, Annie still has to show off her dance to Sean.
And yes, Annie still has to show off her dance to Sean.
Southwestern Should Use The Tuition Increase On These
From NY Times:
For these and other professors across the nation, the newest aid in the classroom is a small wireless keypad, linked to a computer. Students answer questions not by raising their hands but by punching buttons, with the results appearing on a screen in the front of the room.
Although some skeptics dismiss the devices as novelties more suited to a TV game show than a lecture hall, educators who use them say their classrooms come alive as never before. Shy students have no choice but to participate, the instructors say, and the know-it-alls lose their monopoly on the classroom dialogue.
Study Schedule
For some reason I'm having trouble figuring out what to study on what days. My exam schedule is as follows:
5/5 Criminal Procedure 3 units
5/7 Property 3 units
5/10 Torts 2 units
5/12 Civil Procedure 3 units
5/14 Contracts 2 units
The toughest course for me this semester are Property and Civil Procedure. I'm thinking most people in my section are going to be really ready for Crim Pro which will make it a tougher curve to do well on. I figure I need about two whole days for each course to really go into the exam confident. I'm sure I can figure this out. Hell I'm almost done with the first year of law school, figuring out a study schedule can't be too hard for someone almost done with the first year of law school. Right?
5/5 Criminal Procedure 3 units
5/7 Property 3 units
5/10 Torts 2 units
5/12 Civil Procedure 3 units
5/14 Contracts 2 units
The toughest course for me this semester are Property and Civil Procedure. I'm thinking most people in my section are going to be really ready for Crim Pro which will make it a tougher curve to do well on. I figure I need about two whole days for each course to really go into the exam confident. I'm sure I can figure this out. Hell I'm almost done with the first year of law school, figuring out a study schedule can't be too hard for someone almost done with the first year of law school. Right?
So Annoyed
First, I had to call up the place that had my laptop because they didn't call me like they said they would after checking it out. They told me I had to replace my hard drive and that it would cost me about $170 -$210. With no money left, I declined and asked if I could come by and pick it up. They told me that the hard drive was back in and was ready for pick up. I arrive and had to wait about 20 minutes while they actually put the damn hard drive back in. So out a service check fee of $55, still without a reliable laptop, and now facing the possibility of having to write out my exams. I'm so annoyed.
Contracts Review Session
I actually understood a lot of what Prof. Contracts went over. Understood but did not remember - there's a difference - so I'm thinking that the final won't be so bad so long as I give myself enough time to review everything, which is a lot easier to do than finding time to teach myself everything. Anyway, he ended the semester as I thought most professors would, some words of encouragement, congratulations, and a song parody. Well maybe I don't expect a song from each professor. Wish I could remember the lyrics or at least the chorus but my mind is too preoccupied with finals and my laptop to remember and recall such things.
After the review session we went to Larchmont Village and ate at Cafe du Village. The menu was written up in hard to read font, the food was ok, and the service was terrible. Lunchtime conversation was great as per usual with these people, again I wish I could recall a few things to quote but can't. Damn finals.
After the review session we went to Larchmont Village and ate at Cafe du Village. The menu was written up in hard to read font, the food was ok, and the service was terrible. Lunchtime conversation was great as per usual with these people, again I wish I could recall a few things to quote but can't. Damn finals.
It's Not Just Me
I'm not the only one who has trouble deciding when to and how to clap at end of the semester classes. Someone should really write up a guide.
For Those Still Interested In The OC
Am I Decent Or Indecent?
Depending on which I am apparently determines whether or not I respond to Bunny's wedding invitation.
As If Being At School On A Friday Isn't Inconvenient Enough
The lower level parking is completely closed off. But the school did add automatic doors to the BW building for people with rollies or for those on rollies.
Thursday, April 29, 2004
Annoyed
Reformated the hard drive to my laptop and it didn't solve the problem so it's definitely a loose connection with the hard drive. Now I have to bring it in somewhere, pay, and wait for it to get fixed.
Annoyed but still not panicking.
Annoyed but still not panicking.
Wednesday, April 28, 2004
This Has To Be A Joke
Mission Statement: To discretely provide US troops shipping out overseas with the most sensually pleasing departure possible.
About US: 'Operation Take One For The Country' (abbreviated OTOFTC) is a movement of like-minded women (women predominantly as of right now) who have covertly organized into groups to frequent eating and drinking establishments near armed service bases where troops are preparing to ship out overseas, and take one for the country, so to speak. We are a virtual organization and have no official headquarters or charter. We believe US service men and women deserve our support and we are willing to make caring choices about making them happy.
Recruiting For SW
ProbableSWStudent comments:
Tell me what other schools you're considering and what area of law you're interested in and maybe I can say whether SW is for you or not.
By the way, if you're female and hot, SW is the law school for you.
Resorting to match.com doesn't seem like a good idea for a student since those gals are normally interested in guys who can pay for a "good time" and thus impress their friends.First, thanks for the dating advice. Second, there aren't that many dateable women at SW. I think most of the hot women in law school are attending the fourth-tier law schools. Maybe Bronson will tell. Third, it is a matter of opinion and mine is that I don't believe SW is in a ghetto location. But if you're from say a rich mostly white suburb of a city like, oh say, Denver, then you're probably going to think it's ghetto. I encourage an on-campus visit so you can form an opinion of your own.
Anyway, aren't there enough women at SW for dating? Maybe scoring at the non-ABA accredited schools would be a better strategy
By the way, someone had mentioned on a review site that SW was located in a ghetto part of LA and is not safe. Is that your opinion too?
Thanks.
Tell me what other schools you're considering and what area of law you're interested in and maybe I can say whether SW is for you or not.
By the way, if you're female and hot, SW is the law school for you.
"The point is that you can't be too greedy."
Anthony writes:
But for the sake of avarice, and hopefully to serve as motivation to study for good grades, I wouldn't mind getting myself one of these. That might be just a little outside of my budget though - more likely than not for a SWLAW grad with "ok" grades. One of those Thai massages advertised on 7th St. that Sean mentioned last night will have to suffice.
We all have one: the Prize. Something that we've promised we'll buy ourselves as a reward when we get through all the exams, write all the papers, and slide into that shiny new job. After all, you don't slave for three years and work yourself to death in order to get money. You sell your soul for the things that money buys.I didn't promise myself a Prize, which may explain my performance on last semester's set of exams. Getting a job - any job - after graduation would be reward enough for a Southwestern grad.
Since we're all stressing like mad over exams, the Prize is probably more on our minds than normal. So in the name of fostering avarice everywhere: tell us what it is. Just leave a comment with your particular prize, or if your a blawger, just make sure to track back to this entry. Eventually we'll have a master-list of law school avarice, and then we can... we can... erm... I'm sure we'll find a use for it somehow.
Oh, a few rules: (a) No beauty-contestant answers, like "A job working for world peace." That's very sweet, but it's not what we're looking for. (b) Answers are limited to things you want to buy yourself. Again, it's nice that you want to buy your parents that yacht they always wanted, but 'tis not the point. (c) If possible, include a link to an example, so we can all see.
But for the sake of avarice, and hopefully to serve as motivation to study for good grades, I wouldn't mind getting myself one of these. That might be just a little outside of my budget though - more likely than not for a SWLAW grad with "ok" grades. One of those Thai massages advertised on 7th St. that Sean mentioned last night will have to suffice.
Tuesday, April 27, 2004
Don't Need To Hear This Now
Jeremy comments on and quotes from this NY Times article.
Damn this crappy law school, but at least I've got my sectionmates to share my misery with.
UPDATE: From the aforementioned NY Times article:
Motivation to study at an all-time low.
The moral of the article is don't go to law school unless you want to be a lawyer, and don't go to a crappy law school if you want to work for a non-crappy firm, although they say it nicer. "Michael Young, dean of George Washington University's law school, puts it more bluntly: 'Law is possibly a route into politics, business, etc., but it's not a sure route by any stretch. The vast majority of people who start in the law die in the law.'" [my emphasis]Read the comments on the Jeremy link for more encouraging words.
Damn this crappy law school, but at least I've got my sectionmates to share my misery with.
UPDATE: From the aforementioned NY Times article:
To law experts, questions about job options do not start at graduation but at admissions, and they advise serious soul-searching about career and life goals. If you want the option of joining the fast track, a prestige school is essential. ''Going to Loyola Law School can lead you to a pretty lucrative, satisfying life in Los Angeles,'' says Adam Avitable, a manager of Legal Authority, a Web site that helps law students find jobs. ''But if you want to have any chance of going national, you really have to be at U.C.L.A. or U.S.C.''Heh, no mention of what going to Southwestern gets you. Perhaps a less than lucrative and not quite so satisfying a life in Los Angeles?
Motivation to study at an all-time low.
Crim Pro Checklist For Interrogation and Confessions
2) Interrogation and Confessions
i) Was the confession obtained in violation of the due process clause?
(a) Was the confession involuntary under the totality-of-the-circumstances analysis?
(b) Was the confession the product of coercive police conduct?
ii) Was the confession obtained in violation of Miranda?
(a) Was it obtained during custodial interrogation?
1. Custody
2. Interrogation (or its functional equivalent) [If “Yes” on both, go ahead.]
(b) Were adequate warnings given?
(c) Was there a valid waiver?
1. Knowing and Intelligent
2. Voluntary
(d) Did suspect invoke right to silence or to counsel?
1. If right to silence, was right scrupulously honored?
2. If right to counsel, did suspect initiate further communication?
(e) Do any of the exceptions apply?
1. Public safety
2. Impeachment
(f) Does the derivative evidence doctrine apply?
iii) Was the confession obtained in violation of the 6th Amendment Massiah doctrine?
(a) Deliberate elicitation
(b) Following the initiation of adversary criminal proceedings
(c) Waiver
Again, taken from this book.
i) Was the confession obtained in violation of the due process clause?
(a) Was the confession involuntary under the totality-of-the-circumstances analysis?
(b) Was the confession the product of coercive police conduct?
ii) Was the confession obtained in violation of Miranda?
(a) Was it obtained during custodial interrogation?
1. Custody
2. Interrogation (or its functional equivalent) [If “Yes” on both, go ahead.]
(b) Were adequate warnings given?
(c) Was there a valid waiver?
1. Knowing and Intelligent
2. Voluntary
(d) Did suspect invoke right to silence or to counsel?
1. If right to silence, was right scrupulously honored?
2. If right to counsel, did suspect initiate further communication?
(e) Do any of the exceptions apply?
1. Public safety
2. Impeachment
(f) Does the derivative evidence doctrine apply?
iii) Was the confession obtained in violation of the 6th Amendment Massiah doctrine?
(a) Deliberate elicitation
(b) Following the initiation of adversary criminal proceedings
(c) Waiver
Again, taken from this book.
Sectionmates
I'm in general agreement with this:
The bad mood days have to go though.
My classmates are one of the best parts of law school. I look back on that advice ["You will like the subject matter, and you'll like the professors, but your classmates, you won't like them."] and laugh. My classmates are smart, motivated, compassionate, idealistic, funny, hard-working, generous, and respectful. Sure, some of them have their quirks. Sure, not everybody is happy all of the time with everything. But heck, who doesn't have quirks? Who is happy all of the time?I've been as fortunate as her if not more so. My sectionmates, and I'm not just talking about those who are my friends, have easily been one of the best parts of my law school experience. They never fail to let a class go by without at least teaching me something new or giving me a reason to smile amid all the law school drudgery. So as odd and annoying as some of them can be, I can't imagine a better law school experience without any of them.
But most days, allowing yourself a bad mood day here or there, you'll like your classmates. Honest. And, if you're lucky like me, they'll be one of the best parts of your law school experience.
The bad mood days have to go though.
Are You Kidding Me?
From CNN:
Sophomore Steve Stanzak, 20, said he began spending six hours a night in the sub-basement of Bobst Library at the beginning of the academic year after he was unable to pay a $1,000 housing deposit. He slept on library chairs and carried vital belongings -- a laptop computer, books, clothes -- in his backpack.
University officials eventually discovered an online journal Stanzak kept about his experiences and relocated him to a free dorm room last Tuesday.
Scores of students read about Stanzak's daily adventures on his Web journal, www.homelessatnyu.com, and he became something of a campus celebrity.
Well That Was A Waste Of Time
I just spent over two and a half hours selecting courses for next year when I could have been studying for finals. And nothing is even set in stone for next year.
Monday, April 26, 2004
Courses I'm Considering Taking Spring '05
Administrative Law
Adv. Criminal Procedure
Forensic Evidence
Information Privacy Law
Intellectual Property
International Business Transactions
International Litigation & Arbitration
Legislation
Securities Regulation
Wills & Trusts
UPDATE: Can't take both Forensic Evidence and Securities Regulation. Nor can I take both Adv. Crim. Pro. and Int'l Business Transactions. Information Privacy Law and Int'l Lit. & Arbitration is also a no match.
UPDATE: Can't take Securities because I have to pass Bus. Ass. first.
UPDATE: I'm thinking of going with Forensic Evidence, Legislation, and International Business Transactions. That along with my Fall schedule should provide me with lots of flexibility going into the third year when I can choose a particular area of law. The three areas I would then choose from would be Business Enterprise Organization and Practice, Criminal Law and Procedure, and Governmental Units and Activities. The thing I'm most concerned about is whether that would leave me enough time to specialize in any one of those areas of law having only taken three courses in each of those areas. I'm in need of guidance. Help!
Adv. Criminal Procedure
Forensic Evidence
International Business Transactions
International Litigation & Arbitration
Legislation
UPDATE: Can't take both Forensic Evidence and Securities Regulation. Nor can I take both Adv. Crim. Pro. and Int'l Business Transactions. Information Privacy Law and Int'l Lit. & Arbitration is also a no match.
UPDATE: Can't take Securities because I have to pass Bus. Ass. first.
UPDATE: I'm thinking of going with Forensic Evidence, Legislation, and International Business Transactions. That along with my Fall schedule should provide me with lots of flexibility going into the third year when I can choose a particular area of law. The three areas I would then choose from would be Business Enterprise Organization and Practice, Criminal Law and Procedure, and Governmental Units and Activities. The thing I'm most concerned about is whether that would leave me enough time to specialize in any one of those areas of law having only taken three courses in each of those areas. I'm in need of guidance. Help!
So Here's What I'm Hoping To Take This Coming Fall
Antitrust Law
Election Law
White Collar Crime
Now I have to select a section.
Election Law
White Collar Crime
Now I have to select a section.
Courses I'm Considering Taking In Fall '04
Antitrust Law
Constitutional Law Seminar
Criminal Law Theory Seminar
Election Law
National Sec. & Foreign Policy Seminar
Public International Law
Sales*
Survey of Federal Income Tax*
White Collar Crime
Wills & Trusts*
Anyone with any thoughts on selecting from this list of courses?
UPDATE: Wills & Trusts is off the list because its final exam is one hour after Con. Law's.
UPDATE: I can't take both White Collar Crime and Survey of Federal Income Tax because their finals fall on the same day and time. I also can't take bother Public International Law and Antitrust Law for the same reason.
UPDATE: Seminars are hard to get into as a second year and besides I want to put off writing for a while.
*I'm partly considering these courses because they're highly recommended.
Election Law
Public International Law
Sales*
Survey of Federal Income Tax*
White Collar Crime
Anyone with any thoughts on selecting from this list of courses?
UPDATE: Wills & Trusts is off the list because its final exam is one hour after Con. Law's.
UPDATE: I can't take both White Collar Crime and Survey of Federal Income Tax because their finals fall on the same day and time. I also can't take bother Public International Law and Antitrust Law for the same reason.
UPDATE: Seminars are hard to get into as a second year and besides I want to put off writing for a while.
*I'm partly considering these courses because they're highly recommended.
Registration Numbers
My registration number for the Fall is 174. My registration number for the Spring is 54. It looks like I'm getting stuck with Prof. Civ. Pro. II for Con. Law. By the way, those with a real choice should choose section T1. I heard the professor teaching Con. Law for that section is the one take. On the bright side, if I do get stuck in section S1, I'll have Prof. Contracts for Bus. Ass. the following Spring.
Stupid 2Ls
So Prof. Civ. Pro. II, who is also Prof. Con. Law, is sitting outside of his class as they fill out evaluations. Two guys from that class just walked out without seeing the professor but saw a fellow classmate about to go in. In passing each other by, they tell the classmate that they're skipping class to go study Con. Law at the library. Of course, the professor overhears this and announces his presence by telling them to stay for class.
An example of the 2Ls scoring, on average, 2 points lower than the 1Ls on the LSAT.
An example of the 2Ls scoring, on average, 2 points lower than the 1Ls on the LSAT.
Funny
"All these new books coming out about the president -- Richard Clarke has a book, Paul O'Neill has a book, Bob Woodward has a book. It's amazing, who would have thought this president would be responsible for so much reading?" - Jay Leno
Come Again?
Now I'm all for a woman's right to choose - which may make me more of an anomalous Republican as I also don't listen to country music - but there are some people on that side of the debate I'd rather not be associated with.
There were a good number of “Say What” moments at the March this weekend.... One of the most bizarre though, came from Maxine Waters. After sending a civil message to the president (George W Bush, go to hell! And while you’re at it, we want you to take Ashcroft with you. And don’t forget Rumsfeld. And please carry along Condi Rice.”), Waters told the rallied, “I have to march because my mother could not have an abortion.”
Playing For The Chargers Just Can't Be That Bad
After a tense hour in which Eli Manning was a prospective law student, the NFL's first family of quarterbacks got what it wanted.
In one of the more bizarre first hours in recent draft history, Manning was taken with the first pick by the San Diego Chargers, for whom he announced he wouldn't play.
An hour later, as Manning walked away from the podium at a press conference in which he insisted he would go to law school, someone rushed into the room to say the Giants just obtained him for another quarterback, Philip Rivers, whom they had taken with the fourth overall pick.
UPDATE: Apparently, choosing between pro football or law school is more popular than I previously thought.
In the locker room before the Rose Bowl in 1997, he [Pat Tillman] asked one of his coaches, Lyle Setencich, what draft round he might expect to be chosen in the next year. "I told him to get a law degree, that he was going to be President," says Setencich. "He said, 'I want to play in the NFL.'"I should have tried out for the Raiders as a DT.
Sunday, April 25, 2004
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?
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.
Saturday, April 24, 2004
Someone Is The Clever One
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.
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.
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.Maybe I shouldn't be closing my eyes around Brian and Arpineh anymore.
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."
Thursday, April 22, 2004
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.It's not quite Vapoorize but it'll do.
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.
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.
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.
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?
Wednesday, April 21, 2004
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.
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.
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?
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.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.
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.
Tuesday, April 20, 2004
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.
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.
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.
Monday, April 19, 2004
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.
Brian: It was probably Chinglish.
Sunday, April 18, 2004
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.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?
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.
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.I guess if you're going to do it you may as well do it for a good cause.
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.
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)
Saturday, April 17, 2004
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.
Brian Would Have Been Very Happy In Either Montana Or Maine
The 2004 Whitest Law School Report
Prologue:Southwestern is #168 on this list, which I suppose is a good list to be low on unless you're Brian.
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
Mr. Yuk Is Mean, Mr. Yuk Is Green
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.Have fun studying everyone.
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.
Friday, April 16, 2004
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