Class Anticipation and the Reading Rainbow

Class starts tomorrow, and from the first few cases I’ve read for the new courses, Property looks to be more controversal than I expected but some of my peers fear that Con Law I will be a lot of issues we take for granted (Marbury establishing judicial review, Hunter’s Lessee the supremecy of the Court).  I’m just going to wait and see.  Certainly looks to be a change of pace from Torts & Crim, but again, I’ll wait and see.

Of course, with class starting, this means a draastic change in the pace of life.  Espcially in reading.  Over the break I’ve read a few books, such as:

Woodward’s “The Brethren,” recommended by my Civ Pro prof.  Certainly slanted, but a great view into the decision-making process of the Burger Court and the personalities behind those decisions.  Thanks to this book, and some of the opinions we read last semester, I took a guess on the outcome of the first Brennan opinion assigned this semester and hit the nail on the head.  (Surprised by the Frankfurter dissent, but I haven’t read as much about him yet…)

Toobin’s “The Nine.”  Again, recommended by my Civ Pro prof, and I’m sure a ton of 1Ls read both these books during their first year.  Picks up where “The Brethren” left off, skimming through the end of the Burger Court and the beginning of the Renquist, really gaining steam with Thomas’ appointment.  Again, an interesting look at the personalities on the court and good insight to the law happening behind the immediate opinions.

“The Forgotten Man.”  A Christmas gift from my father, and a slant in the opposite direction from the preceeding books.  Inside he wrote “Learn about the first Great Depression before the government sends us into the Second.”  Optimism!  Hope!  To be honest, I’m barely halfway through this one, and it might get tabled for a bit.  Its interesting, thats for sure, the lead up to the Crash and the backgrounds of the New Dealers presents a lot of new info for my brain to pick apart, but its a heady subject.  And I get a lot of those from my casebooks.  Reading is a break for my brain, and so…

A birthday gift from a good friend.  “Salmonella Men from Planet Porno.”  Short stories of the absurdist/slipstream variety.  Perfect for my weirder sensibilities, easily digested, and fantastic steps aside from case reading.  One of the books I pick up quite often is Steve Martin’s “Pure Drivel,” and this looks to be in similar vein.  I’ll certainly finish it before “The Forgotten Man.”  But quite a change of pace for “fun” reading, neh?

Now, case readings!  Contracts!

Awesome Burrito

I’m always wary that the people at Chipotle (or Five Guys, if we go burger) judge me by my order.  Most often the sneer comes whenever I order pinto beans over black beans.  My friends often rag on me for the same choice, but its mine, so back off.  I like pinto beans, I think they go better with the carnitas than the black beans.  Black beans are great for barbacoa or steak, at least in my opinion.

Anyways, class starts on Monday.  I’d like to get back into posting more often, though who knows where my ramblings will go once I’m back in the thick of it.

Georgetown takes on Pitt at the Verizon Center today.  The original Awesome Burrito is in town to visit/catch the game/make us all jealous of his hair.

I Should Focus More on Civ Pro

We’ve covered the canons of interpretaion in Contracts this week.  Walking home last night, I found myself listeing to “Transmissions from the Satellite Heart.” Then I tried to apply ejusdem generis to the following series:

Butter, Cheese, Jelly… Generic Term = Vaseline?

Tissue, Napkins, Sleeve… Generic Term = Magazines?

One thing is for sure: No Captain Beefheart anytime soon.

The Spectre of Schechter: Everyone Has AIDS! AIDS! AIDS!

A couple of weeks ago, I found myself aghast at this story, for more than just a few reasons.  Currently reading some Third Party Liability Cases, especially Defendants’ Relationships with Dangerous Persons and the Santa Rose Health Care Corp. v. Garcia, 964 S.W.2d 940 (Tex 1998), and a bit more of this story makes sense.  People with AIDS count as dangerous people.  Kinda sucks for the infected, but policy wise…

Also, the term “the infected” raises thoughts of rampaging zombies, which would certainly be dangerous people.

Also, I think about zombies too much.

No Legal Thought In This Entry

Friday: Good demonstration of the importance of networking.  LL2?  Perhaps my new place of study, especially when I can grab a room with a “U” desk… reminiscent of the Phantom of the Law Library… “Quantum of Solace” awesome… guy behing us at the theater made a few important (at least very loud) comments:

“I had a dream last night that J****** A*** was givin’ me a h*** j**!  It was sick!”

“You know Obama smoke weed!  That [President-elect] gonna be BBQ’in in the Rose Garden startin’ on ‘Auguration Day!  Sick!”

“Oh!  Sick!  Star Wars!  Kill on a fool who don’t love TNG!”

OK, first off, I’m not complaining about this guy’s behavior, I found it so ridiculous and innappropriate that I thought it funny.  At least loud.  My only complaint: the trailer in question previewed the new JJ Abrams “Star Trek” movie, not some new “Star Wars.”  But yes, it looks sick.

Saturday: Study.  Re-write.  A lot of re-write.  And a splurge for my future.  Many thanks to Alex and Mr. Li.  The nailhead styles.

Sunday: Well, we’ve still got 14 hours till I plan on sleeping again, but I’m guessing it’ll be a lot of study.  Hopefully the end of re-write too.

Wow, what a useless post.

Semester One: Indicative Chronology

In the beginning, we had Offers.

Then came some Complaints.

Something was Deterred, that gave way to a whole lot of Negligence.

Someone found some Duty.

LRW became a Battle… of Forms.

Statute of Frauds Conspiracy Subject Matter Jurisdiction Assault Acceptances C.D.O. B.I.G. P.O. P.P.A. I.I.E.D. Ninjas Rule! If the International Shoe fits… TREAT Mutual Assent Beer Battered Woman Syndrome Reasonably Prudent Mens Rea Proximate Cos Bear Attacks Beagle aaaaannnnnddd…

Ends with Insanity.

The Spectre of Schechter: Zip Crash Bang

Walking home tonight, just outside my building, a quick squeal shot into the night behind me, quickly followed by a crash of some sorts.  Sure enough, two cars had collided at the intersection of 16 & Crescent.

For those not in the know, 16th Street NW in DC holds the title of the city’s “meridian.”  16 splits the DIstrict’s diamond straight up the middle, and by that nature carries a decent load of traffic.  At the right time of day, one might zip up and down 16 rather speedily.  Most intersections, if not all, benefit from traffic lights.  16 & Crescent certainly does.  And those turning out of Crescent don’t get the green all too often.  And Crescent only exists on the west side of 16, as the Meridian Hill Park encompasses a number of blocks along the east.

I couldn’t tell you which car was coming out of Crescent and which was speeding up 16, really, I only witnessed the aftermath.  A bystander informed me that the driver going north on 16 ignored the red light, or maybe tried to beat the red and gave up hope of slowing down… doesn’t matter.  Who ever zipped up 16 ran the red and collided with the driver making a legal turn out of 16.

But what was on my mind?  I’ll tell you: questions.  Does DC follow a contributory negligence rule?  Partial negligence?  Did the driver coming out of Crescent owe a duty to himself and others to be more cautious when turning onto such a major thoroughfare?  Has DC adopted a no-fault insurance scheme in the style of Massachusetts’?

I’d rather ponder these questions than “Am I getting sick?”  I really don’t want to know the answer to that one.

Knowing When to Concede

Took in a Moot Court competition today.  Interesting stuff.  Not just the subject matter at debate (the black box status of a powered off/stand-byed open laptop, revocation of permission, chronology of file-copying, and peremptory strikes based upon religion) but also the quality of the counsel and the bench.  I’ve attended a number of appellate hearings, but this might stand as the quickest back and forth I’ve been privy to witness.  I’ve got a new goal.

One of the most interesting points made by a judge came in her recogniztion of counsel’s prudent concessions.  One’s gotta know when to back off, when to throw in the towel.  However, such an option escapes the 1L, alas, our lives keep us pushing.  And in the first semester, many learn a bit too late.  Doesn’t have to be this way.  Second semester, though, all the way through, I’ll be beyond reasonably prudent.  I’ll be a total prude.

What?

The Spectre of Schechter: DC’s Got Buses

We’ve heard this one before.  See Sheehan v. City of New York.

On the bus this morning.  Approached a bus stop on 16th.  Bus slowed down, veered into the loading/parking lane, but no passengers opted to disembark nor were there any passengers waiting to alight.  The bus, having only slowed and veered, began to speed up and pull back into the driving lane.  Then: a sudden jerk and a jolt back to the right.  Turns out a coupe had been speeding along our left hand side and chose not to slow down.

Change the coupe to a sanitation truck and the near miss to a full-on crash, and I think we all know how this one turns out.

What a Waste of Time

I’ve been taught nothing.