highschool
October 30th, 2003 by michaelI want to say more later about the parallels between lawschool and highschool, but for now, let me just say that I am on my way to the “Fall Ball.” I can hear my friends laughing all across the country…
Archive for October, 2003
King James
October 30th, 2003 by michaelI promise I won’t do this again but I just saw highlights of LeBron James’ first regular season game… and I am giddy. I am from Cleveland and many people have said, “Oh, your from Cleveland, you must be a Browns fan.” To which I reply, “absolutely… since I could walk.” The same has been asked of me in reference to the Indians. But no one has ever said, “Oh, your from Cleveland, you must be a Cavs fan.” Not a single person. Ever.
Us Cleveland folk are used to the almosts. We almost beat Denver until Mr. Byner fumbled the ball. We almost (ok, not really) beat the Bulls until MJ made The Shot over Ehlo. We almost won the World Series. Everytime, we expected to lose. We knew in our heart of hearts that we were a city that never wins it all. Ever.
I think we just might have a chance. This kid is that good.
technologically amish
October 29th, 2003 by michaelMy friend Tim, referring to the state of the world if the RIAA and MPAA get there way…
abbr.
October 29th, 2003 by michaelTaking notes in procedure is hard enough. You are not doing me any favors by speaking in shorthand when you are called on in class. It took me 15 minutes today to figure out what “jay-maul” was. I finally figured out that my classmate was verbalizing the shorthand JMOL better known as “judgement as a matter of law”
I promise you the extra few breaths it takes to say the whole world will buy you plenty of good will with your friends and neighbors.
Buddha’s had this problem before
Bret
October 29th, 2003 by michaelIn honor of your hilarious post, here is my favorite image from the Alphabet Agencies websites… I love the black hole behind the cracked door. I also like that they used the word “effort.” So fitting.
analog revolution
October 28th, 2003 by michaelI have been having the feeling lately that starting my vinyl collection 3 years ago may be the smartest thing I have ever done. With the DMCA, the RIAA lawsuits, MPAA back door maneuvers, and broadcast flags, my good old analog material is starting to look mighty safe. I am starting to feel like my old Beta player has a better chance of playing a movie three years from now than my new DVD player does. While I’m at it, I better hold on to my mix tapes and my rotorary phone…
It’s on
October 27th, 2003 by michaelThe pressure is now palpable here at school. Everyone seems to have hit the panic button over the last weekend. I am so relaxed after my weekend away. I was hoping to ride this feeling all the way to Thanksgiving. But the Office of Career Counseling and the Public Interest Law Center are kicking into high gear because they are allowed to start working with us and our professors are starting to give us practice exam questions. I am a little less stressed because I have a resume and have actually interviewed for jobs before, but it isn’t making me as calm as I’d like. I’m going to need to move my base of operations off campus earlier than I thought.
These kids are freaking me out.
Defense Department wants RFID tags on everything but sand (literally)
October 27th, 2003 by michaelThe DoD wants to “slap an electronic tag on every item in its inventory. . . except bulk commodities such as sand, gravel or liquids” according to this story in the Register.
via Ernest Miller
Have a great weekend
October 24th, 2003 by michael
Dominick and 6th Ave. - Photo courtesy of Jayo
Mortal Work of Art
October 24th, 2003 by michaelA writer named Shelley Jackson has written a new story, with a twist. The only publication of the story will be tattooed, one word at a time, on willing participants in the project. According to her website:
The text will be published nowhere else, and the author will not permit it to be summarized, quoted, described, set to music, or adapted for film, theater, television or any other medium. The full text will be known only to participants, who may, but need not choose to establish communication with one another
After the work has been completed:
participants will be known as “words”. They are not understood as carriers or agents of the texts they bear, but as its embodiments. As a result, injuries to the printed texts, such as dermabrasion, laser surgery, tattoo cover work or the loss of body parts, will not be considered to alter the work. Only the death of words effaces them from the text. As words die the story will change; when the last word dies the story will also have died. The author will make every effort to attend the funerals of her words.
Thanks to Xeni for the link
the socratic method
October 23rd, 2003 by michaelBrian Leiter, a law professor at the University of Texas has a wonderful post on the absurdity of the “socratic” teaching method.
Only one of my four classes practices the socratic method in its pure form. Two of my teachers use the panel system where students are given notice that they will serve as experts during the next class.
The professors at my school seem pretty tame so far.
Goin’ Back to Cali
October 23rd, 2003 by michaelSo I am off to Napa Valley in 9 hours for Jack’s wedding. Should be the party of the year. I’ll be back to this on Monday.
FCC Targets Copying of Digital TV
October 23rd, 2003 by michaelThis is why I need to get into government. The FCC is caving to pressure from Jack and the gang and is about to sign some laws in to effect that are down right scary. You can read about it here.
Basically, the FCC wants to have “broadcast flags” embedded in all digital television. They also want all hardware manufacturers (computers, DVD players, etc.) to build “broadcast flag” compliant products. Supposedly this will help thwart the copying and disseminating of “high value”content on the Internet.
There are so many problems with this. Top on my list is the fact that the government should not be regulating how our emerging technology gets built. This could have a drastic effect on innovation. Smaller issues include the fact that consumers may be forced to buy new systems, and I cannot believe that the MPAA has this much say. The quote below is from the article linked above:
Of greatest concern to some opponents, including major technology companies such as Microsoft Corp., is that device makers, tech firms and the entertainment industry could not agree on the technology that would be used in devices to recognize the flag and act accordingly.
Instead, the FCC has been working from a proposed rule drafted by the Motion Picture Association of America, which gives the moviemakers a strong hand in evaluating which technologies to use.
That is terrifying… the MPAA has the only seat at the table. They are literally writing the rules.
I was told there would be no math on this exam…
October 23rd, 2003 by michael
If you reach into a hat on a wednesday and randomly pick 4 numbers between 1 and 110, and then the very next Wednesday, you reach into a hat and randomly pick 4 numbers between 1 and 100 again, what is the statistical chance that any of the numbers picked the first Wednesday will be picked again the following Wednesday.
My professor uses a random number generator to determine who he will cold call each class. My number came up for the second week in a row…
Dear Mama
October 22nd, 2003 by michael
Happy Birthday!
I’m gonna be a star
October 22nd, 2003 by michaelI did a fake client interview today on camera. It was absolutely fascinating to see and, more importantly, hear myself. I don’t think I have ever really been on camera for that long a period (1 hour). It was very eye opening. For instance, I didn’t know how much I slouch. I’d like to do that more often.
MC Servitto
October 22nd, 2003 by michaelApparently, a guy, who used to bully Marshall Mathers when he was a kid, filed a defamation suit against Eminem after Eminem wrote the kid into his lyrics. The defamation suit against Mr. Mathers was dropped today. The judge was feeling the beat, and decided to drop a verse. In one of the footnotes to her opinion, Judge Servitto rapped in part:
Mr. Bailey complains that his rep is trash
so he’s seeking compensation in the form of cash
Bailey thinks he’s entitled to some monetary gain
Because Eminem used his name in vain
The lyrics are stories no one would take as fact
they’re an exaggeration of a childish act
It is therefore this Court’s ultimate position
that Eminem is entitled to summary disposition
IP & mp3s
October 21st, 2003 by michaelI have been doing a lot of research on the legal issues revolving around copyright and digital file sharing. I think I want to write a legal paper on some aspect of the subject. Although much has been said. I am actually going to a panel on this issue hosted by the law school tomorrow. Several lawyers from various sides will be fighting up front and we’ll get to toss questions into the fray and see them go at it.
makin’ motions
October 21st, 2003 by michaelSchool is silly right now. I recently joined the student bar association and it has been quite amusing. You have to make motions and second things and make friendly or non-friendly amendments and vote on everything. We even had to vote to end the meeting last week after 2 and 1/2 hours. The motion only passed 8-7! “Why on earth would anyone want to stay here longer,” I asked myself… I guess some of these guys derive “much pleasure” from this activity.
makin’ connections
October 21st, 2003 by michaelOk… so my internet connection has been absolutely wack this past week or two. I actually tried to post about it last week and it got lost when my connection went down. Seems to be better today.
lancaster
October 19th, 2003 by michaelDoug has a new blog…
word o’ the day
October 16th, 2003 by michaelI don’t think this word sounds like what it means…
Aaaaaahhhhhhhhhh. . .
October 16th, 2003 by michaelI finally got my record player set up (yes… record player, it’s old school and definitely not a “turntable”). I am listening to Nina’s “Let it All Out” and my world has just been set right.
Don’t get me wrong
October 15th, 2003 by michaelI am certainly not entirely thrilled with the stranglehold Microsoft has on this world, but sometimes, I have to throw them a dap. I was never a power user of MS Word, but the times I used it to make outlines, it was virtually impossible. Now that I am in law school, I have had to test Word to its very limits… and I am impressed. They seem to have made some changes. The program seems to be smarter now. It catches on to patterns and will format things consistently and number things the way you want them numbered etc. But not like the old school way where it tried to anticipate what you wanted to do but was always wrong. It sits back, and watches and then emulates. By the way, Outlook is better now too.
To atone for my sins I will now provide lovers of open source and options in general some gratuitous links…
Is it chilly in here. . . or is it just me?
October 15th, 2003 by michaelI got cold called today in Contracts. . .
First off, I was in la la land when he called on me. We had just returned from a break, and I didn’t see him looking at the seating chart. Suddenly I thought I heard my name. It literally took me 3 seconds to convince my self that my name had actually been called. It didn’t help that our last class had extended into 2 classes so, I hadn’t read the material in 4 days. Apparently we were still talking about restitution damages. . .
After attempting to tell the class what the total would be if the court awarded restitution damages - for the third time - I finally hit the number on the head. The professor then asked me to articulate the courts reasons for choosing to use a different measure of damages. NOTE TO FUTURE 1Ls (I assume all current law students have figured this out by now) DO NOT SIMPLY HIGHLIGHT TEXT in preparation for class, EVEN IN MULTI-COLOR. When you get cold called, you forget all of your little rules (red means holding, yellow means reasoning, etc.). I am not saying that you need to brief the cases, but find some system of remembering or cataloguing the info you need, because highlighting isn’t the path to fame and glory. I looked down and saw a veritable rainbow of colors, but I may as well have been looking at a box of crayola crayons.
I managed to make a joke that got everyone laughing, and the professor kindly called on co-counsel. Luckily, I got my ground back after several minutes, raised my hand, and was able to answer several questions. In retrospect, it wasn’t too bad. But I gave half a thought to running when my name was called.
sans cords
October 14th, 2003 by michael
Testing by wireless connection… I am in class
Policy
October 14th, 2003 by michaelI have been having a good deal of trouble understanding, or rather finding a framework for, all of the policy discussions we have been having in class. Both my contracts and torts courses are taught by professors who rely heavily on “economic analysis.” To that end, we have only begun when we distill the rule from any given case. We must then figure out why the judge ruled that way (note: according to my professors the judge usually got it wrong), and why the fact that the rule is set up that way is best for society (or, more often than not, why the opposite of that rule is best for society and thus should be the “rule”).
Because we only have a textbook of cases to read, I come into class feeling woefully unprepared for the discussion. I have taken to only taking cursory notes on the cases prior to going to class. Whatever we talk about in class is never even hinted at in the book. I then supplement my notes during class and then re-read the material (with all my notes) a second time, now with the lens of the class discussion focusing my attention.
I do believe that it is best to figure things out on your own. I would hate law school if we spent 2 hours of class going over the blackletter law and I spent my nights memorizing rules. I even enjoy the class discussions on “efficient breach” and the like. But I cannot help but feel as if this is being made harder than it should be.
I feel like a guinea pig for my professors who get to test out their latest theories and theses on us. Both of my professors, in the past week, concluded a lecture by explaining that the theory they just covered in class wasn’t held by anyone but themselves, and that they were in the midst of writing papers on the subject. In reality, 110 1Ls just committed the theory to paper and will probably leave class thinking the entire profession holds their novel (albeit genius) theories true.
Oh no. . . I am begining to sound like my students from my last job. . .
Doppelganger in Reverse
October 14th, 2003 by michaelA dop·pel·gäng·er is a “ghostly double of a living person, especially one that haunts its fleshly counterpart.” This is quite the opposite.
Looking Legal
October 14th, 2003 by michaelNo matter how easy or mind numbing some of these writing assignments are, it’s really cool when I look at my finished document and it looks like a real court document…
Tonight I wrote an affidavit
word o’ the day
October 13th, 2003 by michaelon critical reading
October 13th, 2003 by michaelMany of my friends who did this law school thing before me, mentioned that they had a hard time reading newspapers and novels after a year of law school. They were so preoccupied with who was writing, the voice, the facts etc that they ceased to enjoy non-legal reading. In their words, they “began to analyze everything.”
I can’t figure out if I am reading my law material wrong, without a critical eye, or if I have just escaped the problem that they all had. I wonder if my being out of school for 6 years has helped. Maybe the fact that I learned to read technology books during the day and poetry and fiction at night while working has primed my brain to switch back and forth.
Let’s hope so.
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