Amusing Moments

I think because reading cases can be a bit bland, contracts professors and the authors of casebooks like to throw in curveballs...just to make sure you're still paying attention.
In a footnote on p 277 of Making and Doing Deals: Contracts in Context second edition by Epstein, D.; Markell, B.; and Ponoroff, L.(and yes, I know its cited wrong but all the relevant information is there and I'm not bluebooking this sucker),
it says:

The comparison of consideratio to Elvis is in a footnote: "consideration is to contract law as Elvis is to rock and roll -- the King. Revisionists have questioned Elvis's greatness. They have wrestled with on disturbing issue: if Elvis is so great, how come he is buried in his own back yard -- like a hamster." James D. Gordon, III, A Dialogue About the Doctrine of Consideration, 75 CORNELL L. REV. 987 n.3 (1990)

See? Contract law isn't always about cows!

Also a couple weeks ago in Civil Procedure we had a darling case about NJ and Delaware.
Apparently New Jersey and Delaware are fighting like brats because NJ wants to let huge oil tankers up the Delaware river effectively closing the river off for a couple days at a time due to safety restrictions. As Delaware owns a stake in the river in a half-moon shape where the oil tanker dock would extend into, they want no part in it. So we're paying taxes so that the Supreme Court of the United States can tell these two states to "share like big boys and play nice."
We really are the most litigious country in the world.

Just DON'T Do It

Okay, so law school is supposed to be this impressive experience.
"Oooh, you got into law school? That's amazing. Congratulations."
Of course, the only people you ever hear that statement from are people older than 40.

At this moment in time, there are more lawyers than ever before in this country. America has turned into one of the most litigious countries in the world. Of course, this necessitates that there be lawyers for all of this action. Well, as long as I'm not being lied to by all the statistics and business information, apparently there are even MORE lawyers or soon-to-be lawyers in this country than America even needs.
Ah the magic of a middle class wit: kids, time, and money on their hands.
So, they say, let's send our kid to law school. That'll make something out of them.
Thankfully there are a lot of people every year who drop out of law school.

I was aware that these people were dropping out due to stress or pressure but have to admit that it never really sunk in.
3 weeks into this endeavor I can honestly say it has sunken in. I spend 14-16 hours a day at this school toiling through the readings and whatnot else.
At this school some of the teachers have decided to be "nice" and give us feedback before taking a final exam which would normally be worth 100% of your grade. Here, some teachers will give you midterms, and not just 1 per class, but multiple.
You could look at this as a positive measure, sure. More feedback, less weight on the final. Or, you could see it differently: more work added to an already strenuous workload with new outlining required for classes you normally wouldn't start outlining til mid-year, new anxieties, and the inability to sleep for any substantial length of time due to an overtaxing workload.

Of course, why do we do this to ourselves? Is it the money? The degree that opens up most avenues of of job prospects so one is qualified for almost any job?
This is a question whose answer seems to elude me. Because at this moment, given the preponderance of lawyer jokes in this world, the propensity towards spitting when most of society utters the word "lawyer", the current lack of jobs for new attorneys and the abundance of movies and tv shows all denigrating the legal profession, it's seeming pretty worthless.

So really, if you're considering law school in any fashion, just stop now. I'm only in week 3 and I can tell you it's long, hard, ruthless, and offers no guarantees as to employment or even that you'll have friends when you graduate.

Have a nice week.

Attendance at the Colorado Court of Appeals

Unbeknownst to my class, Civil Procedure had changed pace today.
I'm not sure whether this happens at other schools but the Colorado Court of Appeals is taking place AT MY SCHOOL today.

Division IV Vogt, Terry, Lichtenstein, JJ. Division IV

The following are running notes taken from during the trial(s). Please forgive their disjointedness.
P = Original Plaintiff
D = Original Defendant

The first case up is regarding a breach of contract. Elliot (D) v Molk (P)

The Court of Appeals is vastly different from a trial court. In trial court the parties present evidence, argue their sides, and get a ruling. The Court of Appeals is more of a back and forth between an attorney and a 3-judge panel. You are not required to introduce evidence or restate the case, merely to make arguments and answer judge's questions.

It is funny, during the prosecution's speech, to hear him cite principles we've been learning about such as equity and freedom of contract.

If you are going to make an argument in the court of appeals make sure that you have made it in the trial court level as well. Otherwise the Appeals Judge will notice and shoot you down. And really, you were humiliated enough during law school, you don't need to be humiliated in front of law school students again after law school.

In case anyone was wondering, there is nothing scarier than Appellate judges clamoring to ask you questions and then not looking at you when you make your argument so they can write things down. I really feel sorry for Ms. Daniels, the defense attorney. She has a very weak case and hasn't backed up some of her arguments.
Also apparently judges come up with hypotheticals just like law professors do. SO not only do you have to have to be able to argue your case well but you need to be able to think of other ways of thinking about your case in what would happen should the facts be changed slightly.


Diggs (P) v Regional Transportation District (D)

This course is regarding filing a claim with an insurance company.

Ha, people still use "If it please the court"

"Are you aware of any case anywhere in the country..." WORST QUESTION EVAR
The courts

It's not that you have to prove that all the evidence has been submitted, they make you say WHY something serves due process. They make yo spell out every little detail.
And if you don't, the judges look at you like "you're being a very bad lawyer here!"

I almost feel sorry for plaintiff in this case. He was getting peppered with questions from the judges and not holding up well.

It would seem that no matter how consummate a speaker you are and how many rules you cite, the judges can still knock you down. And probably hitting them back is not a good thing. These are the things I'd like to share with this defense attorney

"I stand here ready to assume anything that you ask, your honor."
Watching someone say this to a federal judge in court is possibly the funniest thing ever.

"Well...I DID spend some time looking at the record this morning, your honor."
I honestly never thought that Appeals court could be so funny. Maybe it's just the defendant.

Class Time Well Spent

A Long Time Coming

Going for my JD has been a long time coming. I haven't always known that I wanted a JD, but my life has been dropping me subtle hints for as long as I can remember:

A devotion to Simulations and Model UN in Highschool
A sorority full of future lawyers and world leaders
Attending a school within my University that produces NGO leaders, I-Bankers, and Lawyers
Finding an adviser who also happens to be a law professor
Having an uncle who is both a law professor and part of a prestigious law firm

So, it came as no surprise to anyone (besides me) when I chose to pursue a career in the legal field.

Accordingly I've spent the last few years accustoming myself to becoming the most hated of our species: the lawyer. A sub-genre of human, so foul, so appalling, that most people sneer when someone utters the name. The prospect, while slightly demoralizing, still stands as my best option at the moment. I mean, a girl needs a steady job these days. Long gone are the times when a girl was expected to have minimal reasoning skills, just enough to be able to raise a family and cook a decent people. At this point, going to school for your Mrs degree is only an option for the extremely beautiful and talented.

Thus, here I sit, weighing my options and making decisions. More on LSATs and the horrors of the admissions process at a later date.