Showing posts with label torts. Show all posts
Showing posts with label torts. Show all posts

Wednesday, February 17, 2010

Damned if you Do

When it has snowed there is accumulation on the ground which often includes the edges of the sidewalk, causing a narrower than usual path for pedestrian traffic. This is NOT an excuse to 1) have a conversation with your foreign friend where you lazily stroll next to each other discussing some inane topic in an indecipherable accent, or 2) stop abruptly in the middle of the sidewalk to check your blackberry as if an email you are expecting holds the key to saving the world. Due to the increased amount of snow, which I do not feel like trampling through, such activities make walking much slower and more aggravating than it needs to be. Please keep up with the flow of traffic. And if you feel the need to walk slowly, please do so in as unobtrusive a manner as possible. Also, homeless people, it is cold. I don't feel like taking my gloves off to fish through my pockets for change. Call me cold-hearted, but it's true. (In my defense, I gave a homeless guy change outside of CVS on Sunday. That was nice of me.)

Today was one of those days where we just got a dozen due dates thrown at us. It ended up being a bit overwhelming. I made good use of a free stress ball that was randomly being offered at school. Motions, make-up classes, oral arguments - ahhhh! The best stress reliever ended up being going for a run this evening. Of course the problem is that the run energized me, but I've been having trouble sleeping. However, if I hadn't gone for the run, I probably would have trouble sleeping because of the amount of things on my plate. This is a classic damned if you do, damned if you don't situation. All I can tell you is sleeping tonight will be rough, and such situations suck. To Nyquil, or not to Nyquil, that is the question.

I am converting other people to the cult of hating my Torts professor. He isn't helping his own cause. The Kool-Aid that I never drank is wearing off of everyone else. People have started calling the registrar's office complaining, asking when we might expect to receive our grades and just how far past the deadline he is. If I have time tomorrow I may lodge a complaint with the Dean of Students. Just for funsies. Time to show that lazy, disrespectful, arrogant, (many other negative adjectives) doo doo head (by order of the censor) who is boss. When he finds out who is boss, I'd like to know too. I have some other matters I'd like to discuss.

Thursday, October 29, 2009

Procrastination Face

It's been a pretty busy week. Between doing work and procrastinating that's filled up a lot of my time. Tonight my time will be filled up by an open bar for Halloween, sponsored by school. How could you say no to that? Tomorrow will hopefully be filled up by actually getting work done. What's that? Oh yeah, every day I don't write more on my memo is a day closer to it being due. Which means that soon I'll have to, you know, do it.

Yesterday I spent my time not doing work by doing improv with a group called Jesus Cat. I miss improv a lot. It was great to just be humorous for a couple of hours and not have to deal with the stresses of 'school' and 'homework' and 'the real world' and 'money,' etc. I'd much rather pretend to be the first dinosaur to walk on the moon than to read about some idiot who drove drunk and what kind of homicide he can be prosecuted for. Plus it's good to get away from current and future lawyers who, I've noticed, have an unnatural propensity for inducing stress. Hooray doing comedy! Hopefully there is more comedy to come.

My feelings on my Torts professor have to soften, I have no options. While today he dissed Oliver Wendell Holmes again, he did mention in class that his ten year old daughter is taking up fencing. That's a classic dilemma for me. I appealed to my better side and went up to him after class, told him that I fenced for a while and recommended a club in the area. He said he was thankful for the recommendation and that if he had any further questions about the sport he'd come to me. I told him no problem. So maybe he doesn't hate me? Life lesson: even stupid conservatives have feelings, and he loves his daughter...awww. I can get behind that. I think I may have actually convinced him into making his daughter fence though. He told me he watched her and she was really into it and aggressive. I told him that aggressiveness is the most desirable quality in female fencers because most of them just don't have it. He said something to the extent of "Well, I think we may have found the right sport for her." If she likes it then great, but I retain my mixed feelings about fencing. It had its good times and it was good for me, but it also had awful moments. I hope I didn't just inadvertently set this little girl onto a miserable life path. It's not likely, but hey it could happen. Maybe she ends up selling coke on the street to raise enough money to rewire her epee. You don't know, it could happen. Probably not though since her father is a lawyer and presumably has a decent amount of money. Oh yeah.

About 15 people in the entire school wore Halloween costumes today. I was not among them, though I was sitting there feeling pretty awkward for them. Best costume award goes to a guy and girl who dressed up as Kanye West and Taylor Swift, respectively. It was hard to get at first because I don't really know who Taylor Swift is and the guy being Kanye was white, but they had a picture with them which helped the understanding process a good deal.

My boss from the summer (the one that I hated) got fired this week, I was just informed. That's what you get for tip-splitting as a salaried employee. Not only is it illegal and immoral, but it also opens up the people you work for to a lot of lawsuits. Good call firing him. Also, he sucked, so that's another good reason.

Tuesday, October 27, 2009

It's not fair

On Sunday when I was coming back from Boston the person who gave me my ticket at the gate was awesome. I walked up to get my actual boarding pass - for some reason Southwest didn't feel like giving it to me when I checked in automatically - and there's this guy sitting there behind the desk with clearly fake boobs, wearing a blouse, skirt, and heels. The guy has a 5 o'clock shadow and isn't wearing makeup. The best part is that he has long hair dyed bright blue, saying "I don't give a crap what you think of me." It definitely takes some self-confidence to pull that all off. Go for it, man. If that's what you want to do and it doesn't inhibit you doing your job, rock those boobs and that unshaven face. My guess is this is a guy who has put up with a lot over the years.

I really had to buckle down today to get a substantial portion (think a third) of Memo 2 written today. It took 3-4 hours, but the first draft of that much of it is done. I just have to remember to send it into the Writing Center tomorrow to give them adequate time to look it over. I wouldn't want the reason I stayed at school from 10-7 today to go to waste. Wowza that was a lot of work. And I haven't even/am not doing tonight all my reading for tomorrow. Instead I hung out with Dan for an hour and tried to care about my homework. That wasn't very successful. If I get cold called in Torts tomorrow I might be pretty screwed. Here's hoping. But my professor probably doesn't like me anyways, so whatever. It's a tie though, since I'm not his biggest fan, ideologically speaking that is. Some time in our last week of class he declared that he doesn't care about fairness. This is in the context of a debate about whether strict liability or negligence should be the standard. If you don't understand that, don't worry. My professor went to Chicago, is conservative, and thus loves law and economics type stuff. What is important to him is that law makes society run efficiently (in a very monetary sense of the term). Basically the point of law is to save money for society (probably an unfair attribution, there are more nuances, but that's the crux of it). As such, some things are unfair, but he's ok with that because remember he doesn't care about fairness. So if someone acts completely non-negligently going about their daily business and some accident happens to his neighbor involving his property, he should have to pay no matter what (strict liability) as long as this is what is efficient for the court system. To illustrate his dedication to this efficiency idea he talked about how his kids fight. If both of his children get ice cream and one comes to him and says "She got more than me. That's not fair," his response is "Well, I don't care about fairness," and so his kids learn quickly not to use that argument. I don't care if he is joking or not, someone should call child services. Can you picture rebuking your children that way? You don't care if they are treated fairly? That is your flesh and blood, sir. I certainly hope you want them to be treated fairly and not just efficiently. I hope that if child services ever did take away his kids he would tell them "It's not fair!" and they would just laugh maniacally.

For a lunch break today I got to meet with an investigator for my friend's government security clearance. It wasn't too hard. Most of the questions were gimmes. For example "Has she ever been part of or associated with a group who desires to violently overthrow the government of the United States?" It wasn't too difficult to get the right answer on that one. Not the most discreet of investigators. He's nothing compared to Sherlock Holmes, whose magnificently clever tales I have been enjoying of late.

Not enough people use semicolons anymore; someone should do something about that. Haha, I'm hilarious.

Tuesday, September 29, 2009

Even Gwen Stefani said she couldn't doubt me

First off, Jonah gets a shout out. Front and center. He paid the price. So shout out to Jonah. He's "the man," as he would say.

There is an inverse ratio between my like for my Torts professor and the amount to which he rails on moral philosophy in class. It's becoming problematic, particularly since everyone else loves him. "Oh, he's so quirky and fun with his bow ties and his hypotheticals. Tee-hee." False. He is a spectacular teacher; he is very good at communicating the subject. But I realize he is imparting his formalist (read: conservative) point of view and not really allowing much room for discussion. With him there is always a right answer according to the law. If you argue a different position you are wrong. No time. But the thing that irks me most is his (at this point) disparagment of moral philosophy. Why don't you like it? Because doing the right thing isn't important? That's what it seems like. But Spike Lee says differently. I understand what he is trying to do - to make us think about problems legally rather than morally. But with legal problems there is almost always room for argument (oh wait, not with him), yet he is just incredibly intent on following the letter of the law exactly. And it takes him to his beliefs...would you believe that? That's called law for the sake of law. But that's not the point of the law. The law is supposed to enshrine and protect higher ideas like, I don't know, justice and the good. Those things seem pretty important. But according to my professor's view the law is supposed to enshrine...the law. Wow, how's that for a tautology?

I've had enough of torts. But not torte. Chocolate torte with raspberry sauce to be specific. Had me some of that tonight, it was absolutely delicious. Rebecca and I went to this dessert/wine place. Aside from the delicious torte, the best part was trying to figure out what this guy at the bar was doing. He was there when we got and and he was there when we left. He was overweight and wearing a bowling shirt. He was balding yet had a pony tail. He was just sitting in front of a TV, not watching it, talking to some lady. Who are you balding pony tail man? And what are you doing with your life that you spend 3 hours (guestimating here) at a wine bar on a Tuesday night?

Friday, September 18, 2009

Movie clips

There is something to be said for using movie clips in class. It's a fun way to learn. But I think the last time I remember using a movie clip in class for a legitimate reason was in high school. And the word legitimate is pushing it. Yet my Criminal Law professor effectively used movie clips to help us learn. Another way law school = high school. We are learning about homicide. We watched about five minutes of Goodfellas, during which three homicides or potential homicides took place. That's pretty light for that particular movie. My professor asked us to use the fact patterns from the clips to determine whether they should be charged for murder or manslaughter and what degree they should be charged with. We all had a good time convicting movie stars of murder and arguing about premeditation, malice aforethought and all types of Law and Order words. The entire time we had two potential students sitting in on class. They must have been thinking "This is awesome!" I would love for them to sit in on a Contracts class and hear their inner monologue after that. Probably more along the lines of "I wonder if I would be enjoying life more at the moment if I stabbed myself in the hand with a pen."

Today I went to my Torts professor's office hours. He talked to me about how he found a mistake in the transcription of one of Thomas Jefferson's letters which changed the meaning, and that this particular sentece was important in the history of patent law. Hey man, whatever gets your going in the morning. I just went to talk with him in general about torts, but somehow it came out that I disagree with about 60% of the decisions we read. He was astounded. I probably shouldn't have said that. He's probably not prone to liking me as it is (read: he clerked for Justices Scalia and Kennedy (read: he's a huge conservative)) (yeah I just used double parentheses, what of it??), and the fact that I just told him the subject he teaches is about 60% full of crap is not likely to endear me to him any further. I hope he's the kind of teacher who doesn't care about your opinion as long as you can back it up well. Because I'm going to write that almost no one is liable for anything ever. I look at torts as the area of law where people who can't take responsibilty for themselves gain a legal advantage. Though there are some cool cases-take a defense of property case we read for today. This guy knows that people have been breaking into a house he owns where he just stores things. So he sets up a shotgun trap at leg level so anyone who opens the door will get shot in the legs. Sure enough a burglar comes in and gets shot in the knees. He gets a $50 fine and probation or something like that for burglary, and he sues the owner of the house and gets $35,ooo in damages for battery. When asked to comment on the outcome the owner said "Next time I'll aim it higher."

Tuesday, September 15, 2009

Make something up man

8:21 - I arrive at the classroom for Legal Writing
8:27 - My entire class is assembled
8:30 - Class officially begins
8:39 - My professor arrives

The first thing that happened on the first day of this class was that we were warned about the attendance policy and told that tardiness would not be tolerated. The message really lost it's force today. The professor (who is a lawyer from the DC area, not a real professor) explained that he was late "Because he had to choose between being on time and getting coffee." Everyone immediately looked from the 20 oz. coffee cup in his hand to the clock on the wall. Or at least I did. Thanks for the honesty. But as one of my classmates commented before our next class, "Make something up man. Tell us the metro was late or something." It's not the best feeling being told your time was less important than coffee. If you need your coffee that badly then wake your lazy ass up 9 minutes earlier. In the meantime, if I am ever late for that class I'm not taking crap from him about it. Also, thanks to this professor for stressing everyone in the class out. He constantly talks about working in a big firm (it's all he knows) and tells us that when we work in a firm it will be important to know how to do x. No pressure to go into a firm though. Jackass. It just makes everyone nervous that they don't know how to write the way we should, never mind the fact that we haven't been taught how to yet.

In Torts, we talking about causes of action in the athletic field, or as I deem it, sports torts. Our conversation mostly focused on Serena Williams' recent actions at the US Open. Did the line judge have a cause of action for assault? I say no; but there is an argument to be made for it. I realized today that I disagree with about 75% of the tort cases we read. People sue about stupid things that mostly result from them being incompetent. They need to take responsibility for themselves and quit whining when they are dumb or they do dumb things. Some 13 year old girl sued a 15 year old boy for injuries sustained during a game of kick the can. No joke. I had to read a court opinion that gave the basic rules of kick the can. Thankfully the court found against the girl and with good reason. If every backyard injury were actionable no one would ever play outside. We'd have generations of children who's exercise consisted of Wii Fit.

When I left school to walk home I walked passed about 7 sororities doing something inane on the quad. I'm not really sure what was going on, but each sorority was wearing matching t-shirts, shouting unintelligible cheers, and holding up Greek letters. They could have been recruiting, or having a dumb-looking-slut competition. I'm not quite sure. But I walked by wearing my Duke Lacrosse shirt and felt awkward.

Dinner was at a deli with Rachel, Gavi, and one of her friends. All four of us ordered pastrami on rye. Know why? Because we know what's up. If you order it on white bread you get kicked out of the restaurant. Though I don't appreciate being told that pastrami and corned beef are both "pickled meats." I don't want to think about anything being pickled, except pickles. While I'm not sure exactly what the process entails, it does not sound pleasant. In my imagination they just drop the pieces of meat into a gigantic pickle jar and fish it out a week later. Ew. Pickles are fine. Pickle juice is not a pleasant substance.

Thursday, August 27, 2009

And you wear a bow tie?!

Do you remember watching that clip of John Stewart go on CNN's Crossfire about a month before it got taken off the air? It's a great clip...I guess it's more like half an episode of Crossfire than a clip since it's pretty long, but it's still fantastic. I hope I'm not spoiling anything here, but at some point Tucker Carlson, the host from the conservative side, is harassing John Stewart a little too much, and John Stewart says "How old are you?" "Thirty-five," answers Tucker. John Stewart shoots back, "And you wear a bow tie?"

That pretty much is my torts professor. The first time he walked into class I could help but think of that reference. He looks like an overgrown five year old-he has a bowl cut and I doubt he's ever grown facial hair in his life. He was wearing a bow tie (a feat which he repeated today in class). And, of course, he leans towards the conservative side. Wow. It's a good thing he's an interesting and engaging lecturer, otherwise I really couldn't take him seriously. Also tort is a silly word. And for those of you wondering what a tort is, I am too. But Black's Law Dictionary defines it as "A civil wrong, other than breach of contract, for which a rememdy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another." That really helped clear it up, huh?

While sitting in my torts classroom I accidentaly formulated a new position on gun control. (Gun control has nothing to do with torts by the way.) I think that all guns must be painted neon pink. This would make it easier to see when someone had a gun; it would make guns more difficult to conceal or to be carried discretely. I like to think that it would also cut down on gang violence. I don't think that a lot of gangs would think it was awesome to carry around neon pink gats with which to 'pop a cap.' They would probably have to resort back to another weapon, like knives or bows and arrows, which are far less lethal. Maybe we could resort to some good old fashioned quarter staff fighting.

Poor Ted Kennedy. He died, by the way. I think the only way you could have not known that by now is if you, yourself, are also dead. I love the Kennedy family. Killing that girl and all, I am proud to have voted for Teddy. He was an institution and he was a liberal lion. Hopefully he was not the last of his kind. But I can't think of anyone capable of filling even half his shoes at the moment. I wonder who Deval Patrick will appoint. I hope it's you. And that you have Massachusetts residency and meet the age requirement for US Senators (which is 30 if you were wondering). It's a cushy job from what I hear. At least 6 years of job security, a staff, no real obligation to show up for anything, and great health care. I hear they don't even care about preexisting conditions when lining up that health insurance. Sounds like a good gig, right? I think there are millions of Americans who could do a lot worse, if only for the health benefits. And the staff. You gotta have a staff. I'd try to recruit Anderson Cooper to be my press secretary. That man is fun to watch. He has honest eyes.

Limp Bizkit covered "Behind Blue Eyes" by the Who, right? And the cover was awful right? I think these are both facts, but I'm just checking.

Oh, and the Johnny Cash song "Hurt" which everyone loved so much...that's a Nine Inch Nails cover. If you already knew that I apologize, but you would be shocked by the amount of people who are ignorant to that fact. Yup, Hurt is track 14 on The Downward Spiral album.