(BEER ∪ PIZZA) => LAW SCHOOL

Applying discrete math to my current endeavor. The existence of beer and pizza implies law school. I say that because every event, tutorial, or meeting at school has included either beer, pizza, or both. I'm not complaining. Life is good.

EXERCISE IS DANGEROUS

ESSAY EXAM WRITING

Instead of the legal research class we have on Tuesdays and Thursdays, this week we are getting a two-part lecture on essay exam writing. Mostly it is a primer on using IRAC. (Wikipedia has it in a nutshell -- IRAC.) The "Under-Here-Therefore" variation of the IRAC, as well as the CIRAC were also mentioned. CIRAC is just the same, only you put the conclusion at the start as well as the end. "U-H-T" is almost the same, only you pull a: "Under some law § 333, blah. Here, it can be twisted some way to apply to our situation (which is what we learn to do in law school -- 'cause that's what lawyers do). Therefore, we conclude that we are right and all others are wrong." Best advice so far: don't try to figure out how to take an essay exam a week before exams.

WOW!

TORTS

Here is an easy way to remember the intentional torts:

BAF IT TC

Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass to Land, Trespass to Chattels, and Conversion.

THE BLE

I have been gathering information from the Texas Board of Law Examiners -- the guys that determine if you are allowed to get a license to practice law. One of the first things they want from a law student is a Declaration of Intention to Study Law. Which requires information that is difficult to collect (or even remember), like supervisor's name and contact information for every employer for the last 10 years. They are courteous enough to give you the choice of listing the current contact information for your former supervisor, or another supervisor who is still employed by the employer (I have no clue, in some cases, who I worked for and if they are still where I worked). They go on to request six character references, among other things. See the form here. [PDF] I'm working hard to get it in before October 1st, because after that it costs another $150 to file. I also think the Texas BLE is in desperate need of a website redesign -- their current presence is abysmal.

IS THIS LEGAL?

How many did you count?

We saw that on the south side of San Antonio (on the way back home from my dove lease). I would have rather been telling the about birds... However, they (the birds) were not very interested in flying over my spot that day.

I'M TIRED

Just finished putting in the floor in the bedroom, which is just shy of 300 square feet. The floor itself was not so difficult as it was tedious, but it's in. So are the baseboards and quarter-round. I still lack the threshold piece, but I think I'll wait until the painter has finished her work. It's back to reading now. I have a few pages of contracts and a few pages torts left. Nothing arduous.

DOCKET CALL

Tonight was Docket Call, which is a deal where all of the student organizations get together and try to attract new members -- fresh 1Ls with fresh 1L money (ha!). Some of these organizations go all out and provide things such as bottled water and little trinkets. The Democrats, God bless 'em, brought the margarita machine and keg o' Coors. Even I will say John Edwards has a pretty smile for a cup of Colorado's finest. I joined the Technology and Intellectual Property (and all things geeky) club. For $30 I am a member for the next three years -- over which we have the promise of speakers that include local IP lawyers, and a cyber crime lawyer. This all happened right before class, and it was interesting how many people had to excuse themselves from class -- it couldn't have been they were indulging in libation... could it?

SOMETIMES...

Sometimes, even when in law school, class gets out early, and you get to go hang out with some... uh, unsavory types. That's Ray Wylie Hubbard and his band. He, and his band, was kind enough to chat with me for a while after their free show at the County Line BBQ. A good time was had by all.

CHICKEN TO RESEARCH AND LIGHTS OUT

Apparently a transformer blew and damaged a power line leaving St Mary's without power. Because of this, class was canceled. Fortunately before class was canceled the kind folks from LexisNexis provided chicken to our section. Hopefully that means the guys at West will have to do the same sometime soon. When publishers compete, law students eat. Food or no food I think I prefer LexisNexis's service to West's. Not that one is really much better than the other, or worse. As far as I can tell from what I'm using it for, printing case briefs for class, the Lexis setup is a little more efficient. It will take a list of case citations and let you print, or email the cases. I've been sending them over to the LexisNexis lab's printer and picking them up when I get to school, they cover the printing and paper costs. West does something similar, but it's not as user friendly, or at least I haven't been offered chicken to use it yet. Right now, like crack dealers, the respective publishers provide their product for free. If I hang a shingle I believe my choice will have 100% to do with the $$$.

FEELING GOOD

Seems that contracts has been the focus of most of my posts lately, and that has a lot to do with the way the class has been going. Well, I am pleased to report that the brief I prepared for class today would have me looking good, had I been called on to recite today that is. It's too bad I didn't get a chance to get my time in the spotlight taken care of today, but it may be for the best -- it will keep me from getting lazy about briefs. Even had the occasion to go ask a good critical question too. Try it out: Do you think that in most cases the "predominant factor" test should be applied, as opposed to the "gravamen" test, especially if courts are going to decide the purpose without having to satisfy every element of the "predominant factor" test?

LAW SCHOOL PICNIC

The student bar association threw a picnic for all law students yesterday. It was supposed to be a back to school thing, and I am sorry to say it was quite lame. I'm going to guess that only about 5% of the law student body was in attendance when I made the scene, and there was still plenty of beer left. Naomi and I stayed long enough for me to down a cup or two and have a hot dog while listening to a bit of the A&M game (the one with 3 overtimes) with one of my section-mates. Better luck to them next time.

CONTRACTS IS NOT FOR THE FAINT OF HEART

Well, if there was any question about the seriousness of my Contracts professor's approach to teaching it was cleared up this last class meeting. In what was almost a Paper Chase moment, one of my classmates was humiliated in front of our class of approximately 67. Not to say that he couldn't have prevented it, but it was hard to witness. The interaction in the law school classroom follows the Socratic Method, which has been proven to be a very efficient way to either improve understanding, or highlight misunderstanding (and unpreparedness). This interaction was an extreme exhibition of the latter. My classmate, who was called on at random by the professor, did a fair job of outlining the details of a case that was supposed to be read, understood, and briefed. However, when the more focused questions began so did the crumbling. The interaction was becoming "painful," in the words of our professor. What followed was pretty embarrassing: "Mr. X, where is your brief? Mr. X I can tell that you have read this case, but I don't think that your are adequately prepared, and it is not fair to your classmates. Now, I'm not going to count you absent today, but I will be calling on you again in the future. Please see me after class."

It it class policy that if you are not prepared you will be counted absent and called on again in subsequent classes, if you are not prepared a second time you will be asked to leave. Now, if you are called on and were prepared you are free for the rest of the course. Needless to say I will be re-reading everything before class.

BACK AFTER A LONG WEEKEND

Since we are into the second week of the law school experience I now have a fair understanding of what to expect from each of my professors and how their classes work. Torts is fast moving and exciting, briefs for torts need to be brief, and being called on doesn't seem so bad. Contracts is more deliberate, briefs should consider ancillary facts, and complete understanding is the key to being called on (and not being crushed). Civil Procedure is difficult, but the professor is very easy going and the heat lamp of being called on is not so hot (even less stress than Torts). Difficulty comes from case writings, which on civil procedure are long and are written by judicial pointy-heads who are trying to be clever. At this point it is enjoyable, and I'm digging it.

FIRST WEEKEND

I actually did have class on Thursday, but no post because there wasn't a great deal going on. I'm guessing it had much to do with Labor Day. I celebrated this Labor Day, despite the fact I left my job on Friday and am not currently laboring, with traditional resting. (More on the traditions of the "working man's" holiday here.) Having just wrapped up a two day dove hunting bonanza, the traditional resting was nice.